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UNIVERSITY 
OF PITTSBURGH 



<\\OF'i>, 

5. /'•'n«^ ^ 






LIBRARY 



Digitized by the Internet Archive 

in 2009 with funding from 

University of Pittsburgh Library System 



http://www.archive.org/details/colonialrecordso01nort 



THE 



COLONIAL RECORDS 



OF 



NORTH CAROLINA QCo\oo^^ 



PUBLISHED UNDER THE SUPEEVISION OF THE TRUS- 
TEES OF THE PUBLIC LIBRARIES, BY ORDER 
OF THE GENERAL ASSEMBLY 



COLLECTED AND EDITED 

V\^ILLIAM L. SAUNDERS 

SECKETARY OF STATE 



VOL 1-1662 TO 1712 



E ALEIGH 
P. M. HALE, PRINTER TO THE STATE 

1886 






c&Y'^ 



Copjiight, 1886, by William L. Saunders, Secretary of State, 
for the benefit of the State of North Caroliua. 



.fRESSBS OF E. M. UZZELL, 
RALEIGH, N. C, 



PREFACE. 



The Records, Documents, &c., entitled The Colonial Records of North 
Carolina, were prepared for publication under the direction of the Trus- 
tees of the State Library, and consist almost entirely of transcripts of 
records, &c., in the offices of the Secretary of State, at Raleigh, and of 
those in the British Public Record Office in London. 

The incompleteness of the records in tiie Secretary's office in this 
State is scarcely credible and at a very early day turned attention to those 
in London. Of the first fifty years, indeed, no original records scarcely 
remain in North Carolina except some court records, a few grants, and 
perhaps a few other papers of no great importance. The records of pro- 
ceedings of Governor and Council go no further back than 1712, though 
there were Governors as far back as 1664. The records of Assembly 
go back only to 1754, with the exception of a mutilated copy of the 
Journal of the Assembly that met at the house of Capt. John Heckle- 
field in 1715. There were Legislatures as far back certainly as 1665. 

The first search made in London for information in regard to North 
Carolina aifairs was doubtless that made by the historian George Chalmers, 
who, in 1780, published his Political Annals of the Present United Colo- 
nies, the fruit of his labors in the British Record Office, to which the offi- 
cial position he held gave him access. This volume has been the standard 
authority with all later Carolina historians. Its general accuracy as to 
matters of fact is by no means perfect, and Mr. Chalmers's bitter preju- 
dices as a Loyalist render his conclusions utterly unreliable. 



IV PEEFACE. 



At a later date, tlie historian Williamson, who desired copies of certain 
papers in London relating to Carolina, hoped that Mr. Chalmers wonld 
furnish him therewith or assist him in obtaining them. Mr. Chalmers 
would do neither, and threatened to interfere if application should be 
made to the head of the proper department. In this connection, it must 
be borne in mind that access to the recoi'ds in the British offices could not 
be had without special permission until a comparatively modern period. 

But how to account for the utter absence of records in North Carolina ? 
There could have been no inducement to their destruction, and it follows, 
therefore, that we must look to natural causes, the want of towns and the 
consequent lack of known and suitable buildings used as depositories for 
public records. Experience proves that the most valuable documents, 
unless put away in such muniment rooms, soon disappear and are lost. 

The incompleteness of the records in North Carolina continued to be 
more and more felt until it was determined to perfect them as far as pos- 
sible. 

As early as February 9th, 1827, Mr. John Scott, representing the town 
of Hillsboro in the House of Commons, moved the following resolutions, 
which were adopted, sent to the Senate, and on the next day there also 
passed, so far as the records show, without a moment's hesitation or the 
slightest opposition : 

" Resohed by the Senate and House of Commons of the General Assem- 
bly of North Carolina, That his Excellency the Governor of the State be 
requested to make a respectful application to the British Government for 
liberty to procure for the use of the State from the office of the Board of 
Trade and Plantations in Ijondon, copies of such pajiers and documents 
as relate to the colonial history of North Carolina. 

" Eesolved further, That the application aforesaid be made through the 
American INIinister in Ijondon, and that he be requested to lend his aid 



PREFACE. 



to carry the foregoing resolution into effect, and obtain for the agent who 
may be employed in this service the necessary facilities for procuring such 
copies." 

Under this resolution, Governor Burton wrote to the Hon. Albert Gal- 
latin, then American Minister in London, on the snbject. Mr. Gallatin 
after formal cori'espondence with the British Government obtained, and 
under date of 25th of August, 1827, forwarded to Governor Burton a 
list of papers relating to the colonial history of North Carolina then 
on file in the public offices in London. 

The documents themselves, however, were not copied, for the reason 
that it was supposed the entire collection would be obtained by Mr. Peter 
Force and printed in the American Archive,^. Finally, disappointed in 
this expectation, the list itself was printed in 1843 l)y oi-der of the Leg- 
islature. 

In 1849 the Legislature authorized the Governor to 2>rocure from the 
public offices in London such documents as were worthy of preservation, 
to be placed in the archives of the State. 

In 1855 the Legislature authorized the Governor to appoint an agent 
to procure these documents, and, in case he found it necessary, to visit 
Loudon for the purpose. 

In 1857 the Legislature renewed and continued this authority in the 
Governor. At the time, however, that Hon. David L. Swain, who had 
been appointed agent, was ready to begin the work, the i-elations 
between Great Britain and the United States were so unfriendly that the 
Hon. James C. Dobbin, then Secretary of the Navy, advised him it was 
an inauspicious time to ask favors of British officials. This delayed the 
work. Whv this effort finallv failed is not known. 



VI PREFACE. 

In 1859 the Legislature authorized the Governor to make an arrange- 
ment with Rev. Dr. Francis L. Hawks and Hon, David L. Swain to 
edit and publish two volumes of the documentary history of North 
Carolina. 

In 1861, as if in view of tlie coming war and its possibilities, the Leg- 
islature, putting out of sight for the first time tlie archives in London, 
determined to make sure of what it had at home, and directed the prin- 
cipal records in the Secretary's office to be printed. But it was too late. 

In 1881 the Legislature passed a resolution, moved and advocated by 
Hon. Theodore F. Davidson, Senator from the 40th District, now 
Attorney-General, directing the Trustees of the I^ibraries (the Governor, 
tlie Secretary of State, and the Superintendent of Public Instruction, 
being ex ajfido the Trustees) to publisli tlic records and documents then 
here. 

In 1883 the Trustees of the Libraries, reporting progress to the Legis- 
lature, under the Act of 1881, announced that the gaps in the records here 
were so many and so great that they had determined to print nothing 
until an appeal had been made to the Legislature i'or authority and assist- 
ance to procure from London the lacking documents. 

In response to this appeal, the Legislature passed a resolution author- 
izing the Trustees of the Library to procure the missing documents. 
Colonel Samuel McDowell Tate, member of the House of Represen- 
tatives from tlie county of Burke, and Hon. James L. Robinson, Lieu- 
tenant-Governor and President of the Senate, being especially instru- 
mental in securing its adoption. 

The first step taken under the resolution -was to secure the services of 
Mr. W. Noel Sainsbury, of the British Record Office, honorary member 
of the New England, New York, Maryland, Pennsylvania, South Caro- 
lina, Virginia and other Historical Societies, editor of Chlendar of 
[British] State. Papers, Colonial Series, &c., &c. 



PREFACE. VII 



To the historical student, Mr. Sainsbnry needs no introduction. For 
the information of others, however, it may, ])erhups, be well cnongh to 
state that Mr. Bancroft writes that Mr. Sainsbnry is "a veteran in the 
State Paper, now Record Office, of Great Britain. I have known him 
for nearly forty years; have employed him very frequently during that 
time, and have always found him intelligent, accurate, and in every way 
trustworthy. My own collection of documents is full of copies of State 
Papers which lie has made for me. Having been so long in service, 
and so much appealed to by American scholars, he has become thoroughly 
familiar with the subject, as may be seen from his Colonial Series of 
State Papers reaching from 1574 to 1668." 

With such commendation from such a source, every one may feel 
assured that Mr. Sainsbnry has done his part intelligently, faithfully and 
thoroughly. His instructions were to do the work so thoroughly and so 
exhaustively that there would never be need or desire for it to be done 
over again, and it is believed that we now have copies of all North Caro- 
lina colonial papers in the British Public Record Office. 

Upon the undersigned, the execution of the task imposed by the Leg- 
islature was devolved by his co-trustees, the Public Records here being in 
his custody, and the duties of his office requiring him as far as possible to 
have a familiar knowledge of their contents. How he has performed the 
task thus assigned to him, it is not for him to determine. He can only 
say, that for near seven years he has devoted himself to it, and that he 
has done the very best he could, without reward, or the hope of reward, 
and solely because of the love he bears North Carohna and her people. 

It is but simple justice to add that the work could not have been begun 
even without the hearty and cordial cooperation of Governor Jarvis and 
Hon. John C. Scarborough, Superintendent of Public Instruction, who 
were his co-trustees at the time of its inception, and that it could not for 



PREFACE. 



a moment have been continued without the equally efficient and cordial 
cooperation of their successors in office, Governor Scales, and Hon. Sidney 
M. Finger, the present Superintendent of Public Instruction. 

Thanks for services rendered are especially due to Major Graham Daves, 
then residing in South Carolina, Hon. S. F. Phillips, of Washington City, 
Capt. S. A. Ashe, Rev. Jos. Blount Cheshire, Jr., Rev. F. M. Hubbard, 
D. D., Prof W. J. Rivers, formerly of South Carolina, now of Mary- 
land, and the Rt. Rev. William Stevens Perry, L.L. D., Bishop of Iowa, 
the Historiographer of the Protestant Episcopal Church in America. 

For the very handsome make-up of the volumes, and for help, assist- 
ance and encouragement, in every way, the undersigned makes especial 
and personal acknowledgment to his friend Peter M. Hale, the Public 
Printer. 

Finally, the undersigned feels it to be a matter of conscience to say 
also, that to the influence of the late ex-Governor Henry T. Clark, and 
to that of his old preceptor, the late ex-Governor David L. Swain, so 
long President of the University of the State, he is indebted for the cul- 
tivation of a taste that has made bearable the years of sheer drudgery 
absolutelv necessary to the preparation for publication of The Colonial 
Records of North Carolina. 

' Secretary of State, f 

Raleigh, 1886. 



PREFATORY NOTES TO FIRST VOLUME. 



The first permanent white settlement in North Carolina was made, it 
may be safely said, to the eastward of the Chowan River, extending in 
time down to and along Albemarle Sound. Neither its date nor its local- 
ity may now be fixed with absolnte certainty, but it began, doubtless, 
before 1060, and probably as early as 1650. 

The grant to Roger Green, "clarke," in 1653, to be located on the 
Roanoke River and the south or west side of the Chowan River, as a 
reward for inducing settlements to be made there, and the absence of 
such grants on the north or east side, indicate that settlements had pro- 
gressed on that side without the aid of such inducements. 

The earliest grant made in North Carolina, of which we have a copy, 
is now of recoi-d in Penpiimans county, and was made by the King of 
the Yeopim Indians on the 1st March, 1662, to George Durant, for a 
tract of land then called Wecocomicke, lying on the Perquimans River 
and "Roenoke Sound." The place is now known as Duraut's Neck. 
There was a purchase before that from the King of the Yeopims, for the 
grant to Durant recites that Wecocomicke adjoined to the eastward the 
land the King had formerly sold to Samuel Pricklove, but there is neither 
record nor copy of any grant to Pricklove. There were still other such 
purchases, for in 1662 purchases made directly from the Indians, it was 
said, had come to be such an evil in the sight of the government that it 
was resolved no longer to recognize them. There w^ere purchasers, too, 
who held their lands under grants from the Governor of Virginia. In- 
deed, the Assembly, in an address in 1731, asserts that there were so 
many persons holding lands in Albemarle under Virginia grants prior to 
March, 1663, that a saving clause in their favor was put in the charter 
of that date by King Charles. There is certainly a saving clause in the 
fourth section of the first charter. The Lords Proprietors more than 



PREFATORY NOTES. 



once recognized the fact that lands had been purchased from the Indians 
before the date of their charter, and they distinctly recognized also the 
fact, not only that a settlement had already been "begann," but that it had 
progressed far enough to need a fully organized government of its own. 

It is evident, therefore, that there was a considerable settlement in 
Albemarle pi-ior to 1663, in which the lands were held, in some cases, by 
purchase from the Indians, and in others under grants from Virginia; 
but of the length of time it had been growing nothing definite is known. 
There is nothing to indicate, however, that it was of ra])id growth. 

There were, indeed, earlier settlements, or attempts at settlement, but 
they came to naught ; Raleigh's Roanoke Island Colonies and the New 
England settlement on the Cape Fear, in 1660, being conspicuous 
instances of speedy failure, worthy of mention as bald ' historical facts, 
but without influence or eifect upon the permanent settlement of the 
colony. 

The Barbados settlements on the Cape Fear, for there were two of 
them — but adverse in interest and made under difterent auspices, one in 
the interests of the "several gentlemen and persons of good quality" 
who made the proposals contained in the letter 12tli August, 1663, and 
the other under the auspices of Yeamans — broke uji in the summer or 
early fall of 1667. The story put forth by Chalmers and repeated by 
subsequent historians, about the seven years' benign rule of Yeamans, 
seems to have been pure imagination, for instead of being at Cape Fear, 
Yeamans wa.s in Barbados holding high official jiositiou there. The 
statement that the people at Cape Fear followed Yeamans to South Caro- 
lina is also without foundation. They went up to the Albemarle settle- 
ment and to Nansemond county in Virginia in part and in part to Bos- 
ton. In this fact is to be found an easy explanation of the increase at 
this time of settlers in Albemarle both from New England and from 
Barbados. 

The Albemarle settlement, therefore, is the parent settlement of North 
Carolina, emigration going from it to the southward, from the Chowan to 
the Roanoke, Maratock or Noratoke, as it is spelled on the old maps, 
thence to the Pamplico, where, in 1690, a colony of Frenchmen, an 



PREFATORY NOTES. 



offshoot of the James River Frencli settlement in Virginia, made a lodg- 
ment. Then the Neuse River was reaehed, and, on or before 1706, was 
passed. In 1707, there was another secession from the same James River 
settlement, and another lodgment of Frenchmen in North Carolina — this 
time between tlie Nense and the Trent Rivers. 

In Jannary, 1710, DeGrafFenried and Michel shipped a number of 
German Palatines to the Neuse. In June of the same year DeGraffen- 
ried followed them in person with his Switzers. Still creeping along 
southward, settlers began to find their way once more toward the Cape 
Fear country. In 1711 they had gone as far south as White Oak River, 
and in 1713, as far as New River, in the county of Onslow. In 1714, 
however, the Governor and Council forbade the survey and sale of lands 
within twenty miles of the Cape Fear, up to the waters of the Trent, 
This order cut off surveys below the line of the New River settlement. 
But even worse than this, becanse more general in their character, were 
the obstacles to settlement arising from the instructions of the Ijords Pro- 
prietors in the matter of the entry and survey of lands outside of Albe- 
marle county. For ten years the restrictions on the purchase of lands in 
tlie county of Bath, then extending from the Pamplico to the South Caro- 
lina line, were such as to amount to a practical prohibition. The conse- 
(pience was that new settlers were' prevented from coming in and old ones 
induced to go away for want of land, until the 17th of April, 1724, when 
the grievance being no longer bearable, the x\.ssembly petitioned the 
Governor and Council to devise some way of opening up lands outside 
of Albemarle to survey and purchase until the will of the Lords Pro- 
prietors in the premises might be known, and declared it to be their pur- 
pose to address the Lords Proprietors on the subject. 

In response to this petition, the Governor and Council, for the reasons 
set forth therein, and for the further reason that squatters were already 
going in and settling there without payment of rent or other considera- 
tion, ordered that lands in Bath county should be open to survey and sale 
on the same terms as lands in Albemarle until the will of the Lords Pro- 
prietors should be known. Accordingly the first grants for lands on the 
Cape Fear, after the year 1714, were issued in 1725, though, as we have 



PEEFATORY NOTES. 



seen, there were some squatters there early in 1724, if not prior thereto. 
After this date, emigration went westward, and even before tliat date had 
done so, until the territory east of the Wilmington and Weldon Railroad 
was settled more or less. 



The course of early events in Carolina seems to have been about as 
follows: 

On the 24th of March, 1663, Charles II. granted Carolina to the Lords 
Proprietors. Very shortly thereafter, they received proposals purport- 
ing to come from certain New England adventurers interested in the set- 
tlement at Cape Fear. In INIay, 1663, the Lords Proprietors, having 
organized under their cliarter, published a reply to these proposals, which 
fell into the hands of certain English adventurers in the same cause, and 
they, afler repudiating the proposals as not their own, proceeded to set 
forth at large their views in the premises, in a paper bearing date 6th 
August, 1663. On the 12th August, 1663, proposals were made to the 
Lords Proprietors from " several gentlemen and persons of good quality " 
in tlie Island of Barbados for a settlement in Carolina between Cape Fear 
and Florida. Pending these proposals, other proposals, by other parties 
in Barbados, and in diiferent interests, notably by Major William Yea- 
mans, in behalf of his father John Yeamans, were made. In reply to 
the representations of the English adventurers above mentional, the Lords 
Proprietors, on the 25th August, 1663, published a paper entitled "A 
declaration and pi'oposals to all who will plant in Carolina." On the 8th 
September, 1663, the Lords Proprietors empowered Governor Berkeley, 
of Virginia, to inaugurate a government in Albemarle, in order that the 
King might see " they slept not with their grant." 

In 1664 the Proprietors commissioned William Drumraond as Gov- 
ernor of Albemarle, but of the commission and the instructions accom- 
panying it we have no copy. That he had a prior connnission fi'om 
Berkeley, as is commonly stated, is, to say the least, very doubtful. The 
only authority for this supposition seems to be the letter from the Lords 
Proprietors in September, 1663, to Berkeley, empowering him to appoint 
a Governor, there being no evidence of the exei'cise of sucli authority by 



PREFATORY NOTES. 



him. Indeed, the letter of 7th Jaiuiaiy, 1665, from the Proprietors to 
Drummond suggests a contrary view, for they say they had sent him his 
couimission and instructions. There is some uncertainty as to the date 
of his appointment, also. The probability seems to be that Berkeley, 
feeling the delicacy of his position, being a Lord Proprietor as well as 
the Governor of Virginia, refused to act undei- the authority given to 
him, or at least to do so openly, and that nothing was done towards inaug- 
urating a government in Albemarle until the fall of 1664, the date of 
Drunimond's commission from the Proprietors. There is no claim that 
any government was instituted prior to 1664. Chalmers says expressly 
that the authority conferred upon Berkeley by the Proprietors in 1663, 
was exercised by him "during tlie subsequent year," and Williamson that 
it was " in the following summer." In addition to this, Albemarle was 
not included in the tobacco-cessation negotiations of the early part of 
that year, and it doubtless would have been included had any govern- 
ment then existed there. According to Berkeley's instructions, too, the 
term of office of the Governor was to be three years, with the promise 
of reappointment if he conducted himself properly. Drunimond's suc- 
cessor was appointed in October, 1667. From this it would seem that 
the Government in Albemarle began in October, 1664, and that Drum- 
mond got his commission, not from Berkeley, but directly from the Pro- 
prietors, and served his full term. Doubtless, however, he had Berke- 
ley's private recommendation. The fate of this first Carolina Governor 
was a tragic one, for having returned to Virginia and taken pai't in 
Bacon's great Rebellion there in the years 1676 and 1676, he was cap- 
tured and iiung. Being carried before Governor Berkeley, the Governor 
made him a low bo^v and said, "Mr. Drummond, you are very welcome. 
I am more glad to see you than any man in Virginia. Mr. Drummond, 
you shall be hanged in half an hour." And sure enough he was exe- 
cuted "as soon as a council of war could meet, his sentence be dispatcht 
and a gibbet erected." But for all that he seems to have been a gootl 
man and a patriot more worthy of respect and remembrance, perhaps, than 
any Colonial Governor ever in Carolina. 



PREFATORY NOTES. 



On the 1st November, 1664, Robert Saniford [Sandford] was commis- 
sioned Secretary and Chief Register of the county of Clarendon, and on 
the 24th of same month Jolin Vassall was commissioned its Surveyor- 
General. 

On the 7th January, 1665, the negotiations with Major Yeamans 
resulted in an agreement between the Lords Proprietors on the one part 
and his father, John Yeamans, and his associates of the other pai't, based 
upon the provisions of a document entitled "The concessions and agree- 
ment of the Lords Proprietors of the Province of Carolina, to and with 
the adventurers of the Island of Barbados and their associates of Eng- 
land, New England, the Caribbia Islands and Barmotthos to the Prov- 
ince of Carolina, and all that shall plant there. In order to the settling 
and planting of the countye of Clarendine, the county of Albemarle and 
the county of , which latter is to bee to the southward or west- 
ward of Cape Romania, all within the Province aforesaid." 

Up to 7th January, 1665, the Lords Proprietors seem to have had no 
fixfd general plan for the settlement and government of their province, 
but considered each proposition made tu them vu its own merits solely. 
For instance,, their proposals for May and August, 1663, were intended 
for settlers at Cape Fear. For Albemarle they had other views. There 
they left everything to the judgment of Berkeley, hoping, however, that 
as a considerable settlement was actually in progress there, and because 
of its proximity to Virginia, they would get more favorable terms. 
Now, however, this haphazard policy was changed and a general plan of 
operations was matured and took shape in the provisions of the docu- 
ment above referred to, called the Concessions of 7th January, 1665. 
This wa.s in brief to give each colony or county its own gov'ernment sepa- 
rate and "distinckt" from the others in authority, but identical in form 
and charac-ter, and this form of government, for anything that appears to 
the contrary, lasted until after the adojjtion of the Fundamental Consti- 
tutions in July, 1669. In fact, the Great Deed of Grant of 1st May, 
1668, refers to the Concessions as then in force. The counties were to 
be eight in number, and each under the charge of one of the Proprietors 
or his deputy, Clarendon being the first settlement formally erected into 



PREFATORY NOTES. 



a county and Albemarle the second. Each («unty was accordingly named 
after a Proprietor, viz. : Clarendon, Albemarle, Craven, Berkeley, Colle- 
ton, Bath, &c. These county governments were to be consolidated into 
an imperial government, and to this end instructions were issued to Gov- 
ernor Ijudwell, in 1()91, to summon a Parliament of "20 delegates for 
the free men of (-arolina, viz.: 5 for Albemarle county, 5 for Colleton 
county, 5 for Berkeley county, and 5 for Craven county." The slow 
growth of the settlements in the northern part of the province prevented 
the consummation of this plan of government and tinally brought about 
the division of the province into the two governments of North and South 
Carolina. With the territory between the Neuse and the Santee Rivers, 
some 200 miles in width, so long uninhabited by white people, a division 
of the province was inevitable. 

On the 11th January, 1666, the Lords Proprietors connuissioned John 
Yeamans, lately made a Baronet at their instance, Governor during their 
pleasure of the county of Clarendon "neare Cape Faire and of all that 
tract of ground which lyeth southerly as far as the River St. Mathias." 
The county also had a Legislature, as appears from a petition of the mem- 
bers thereof addressed to the Lords Proprietors, in the year 1666. 

In October, 1667, the Lords Proprietors commissioned Samuel Stephens 
Governor of Albemarle, during their pleasure, and sent him certain in- 
structions defining his powers, the form of government, &c. 

This is the document referred to by Dr. Hawks as containing the first 
constitution given to Carolina. A comparison of this document, how- 
ever, with the paper of the 7th January, 1665, shows that the so-called 
"first constitution" of 1667 was merely a transcript from that paper, to 
which, indeed, it refers by name, as the " Concessions," the paper of Janu- 
ary, 1665, being the only one of that name. It will be seen, too, that the 
form used for the commission of Stephens, in 1667, is identical with that 
used for Yeamans' commission, in 1665, and that the instructions given 
for the sale of land in Albemarle in 1667 are identical with those given 
in the Concessions of 1 665 for the sale of land there. 

It is evident that Chalmers had not seen the Concessions of January, 
1665, and that he misquoted the instructions of October, 1667. For the 



XVI PREFATORY NOTES. 



former, there is probably a good excuse, as the only copy of it preserved 
seems to be that found in the Shaftesbury Papers whii-h liave only 
recently been placed in the Public Record Office in Ijoudon. 

The chief beauty and excellence of the constitution, so-called, of 1(367, 
that according to Chalmers gave such great satisfaction to the people of 
Albemarle, had, unhappily, no existence save in Chalmers' own imagina- 
tion. Under that constitution, accoi'ding to Chalmers, the Governor was 
obliged to act altogether by the advice of a Council of twelve — one-half 
to be appointed by the Governor and the other by the ^\.ssembly, and this 
he boasted was a sufficient reply to what critics called a defect in Colonial 
Government, viz. : that the same men constituted the Senate, the Gov- 
ernor's Council and the Court of Appeals. Unhappily, the records show 
that the Assembly had no share whatever in the appointment of the Coun- 
cil, but that the Governor alone apjiointed each and every one of its 
members. The right of the Assembly to share in the appointment of 
Councillors did not accrue until after the adoption of the Fundamental 
Constitutions of 1669. 

Had Chalmers known anything of the Concessions of January, 1665, 
and had he quoted accurately the instructions of October, 1667, his nar- 
rative of events, as well as that of Dr. Hawks, who followed him, would 
doubtless have been less confused and more consistent. 

It is generally assumed that Stephens continued to be Governor from 
1667 till his death in 1674, and yet it would seem from the "Instruc- 
tions to the Governor and Council of Albemarle," on page 181, that 
Peter Carteret was Governor in 1670, at least until after the 20th Jan- 
uary. On the 20th January, 1670, Lord Berkeley, then just elected 
Palatine, " commissionated Samuel Stephens to be his Deputy and Gov- 
ernor of Albemarle," as he had a right to do under the Fundamental 
Constitutions. It does not appear who was the appointee under the Duke 
of Albemarle, the first Palatine, who was elected on 21st October, 1669, 
if any there was. Probably Carteret was, but if so, there is no proof of 
the fact. Carteret was Governor after Stephens' death, and, Ijecoming 
disgusted, returned to England, leaving the Government in Albemarle 
" in ill order and worse hands." Jenkins succeeded him as President of 



PREFATORY NOTES. 



the Council, and was turned out in 1G75 by tlie Assembly. The widow 
of" Governor Stepliens sceni.s to have been fond of official life. After his 
death she married Governor Berkeley of Virginia, and ai'ter his death she 
married Governor Ludwell of Carolina. 

On the 1st May, 16QH, the Lords Proprietors, in response to a petition 
of the General Assembly held in the latter part of the year, 1664, or the 
early part of 1665, issued a paper known to this day as The Great 
Deed of Grant. By this' deed land in ^Vlbemarle was directed to l)e 
granted upon the same terms and conditions as in Virginia. The deed 
was duly recordc^l in Albemarle and the original preserved with the most 
scrupulous care. Sixty-three years after its date, the original was 
formally brought into the Assembly and ordered into the special custody 
of its Speaker, and its text spread upon its minutes. 

The pains taken to secure the preservation of this important document 
in Albemarle seems to have been very necessary, for Governor Burrington 
declares in one of his letters that he could not, after diligent search, find 
any record of it in England. There was such a record, however, as may 
now be seen by reference to page 29 Colonial Entry Book, nimiber 20, 
in the Public Record Office in London. 

Various efforts were also made from time to time by the authorities 
both in England and in Albemarle, to break its force by declaring not 
only that it was a revocable deed, l)ut that it had at various times actu- 
ally been revoked and annulled. Governor Gabriel Johnston, a very 
arbitrary official in his dealings with tlie colony, was especially urgent in 
pressing this view of the case. 

On the 21st -Tulv, 1669, the Lords Projjrietors, not content with the 
simple form of government instituted by them in January, 1665, signed 
Locke's Fundamental Constitutions, but for want of Landgraves, Cas- 
siques and a sufficient number of people, they were never put into prac- 
tical operation in North Carolina. Their chief impress, it is believed, is 
to lie found in tlie enacting clause in the acts of Assembly between 1669 
and 1729. In their stead the Lorils Proprietors, from time to time, sent 
out instructions to the Governor and Council of Albemarle, which they 
said were as "nigh" the F"'undamental Constitutions as thev could come 



PREFATORY NOTES. 



under the circumstances. These constitutions, though purporting to be 
unalterable, went through no less than five editions, so to speak, before 
they were altogether abandoned as utterly impracticable and absurd. 
The first set or edition of these constitutions was signed on 21st July, 
1669, the second on the 1st March, 1670, the third on 12th January, 
1682, the fourth on the 17th August, 1682. The fifth and last edition 
bore date on the 11th April, 1698, and was duly assented to by the 
delegates in the General Assembly. The first set, that is to say, the 
constitutions of 21st July, 1669, was also, doubtless, formally assented 
to. When these constitutions were formally abandoned, if ever, does not 
appear. The year 1693 is the date usually assigned to that event. This 
cannot be true, however, because as we have seen, the last set of the con- 
stitutions was issued five years afterward, and again, in 1702, we find 
in the instructions and commission to Governor Johnson conclusive proof 
that the Lords Proprietors were still seeking to enforce the constitutions. 
See Appendix. 



In 1672, William Edmundson, the Quaker, visited Albemarle, finding 
there only one Quaker family, viz. : that of Henry Phillips, though there 
were Quakers in Virginia. Later in the same year George Fox also went 
over the same ground, making converts from other denominations. In 
1676, Edmundson made a second visit to Carolina, and wa.s made happy 
by seeing that the " Friends were finely settled there." It would seem, 
therefore, that the Quakers formed only a very small part of the earliest 
inhabitants of Albemarle, and that even that small part became Qua- 
kers by conversion from other faiths after reaching Albemarle. 

The belief therefore that they came as Quakers to Albemarle to escape 
persecution as such in Virginia or elsewhere is not well founded. The 
truth seems to be that the Quakers being the first and for a long time the 
only denomination that sought to arouse the people of Albemarle to a 
sense of their duty as Christians, easily gathered into their fold the bulk 
of the religious element of the country of all former faiths. 

This view of the case is confirmed by the declaration of Governor 
Walker, who, under date of 21st October, 1703, wrote from Albemarle to 



PREFATORY NOTES. 



the Bishop of London, saying, " We have been settled near this fifty years 
in this jjhice, and I may justly say most part of twenty-one years, on my 
own knowledge, without priest or altar, and before that time, according 
to all that appears to me, much worse. George Fox some years ago came 
into these parts and by strange infatuations did infuse the Quakers' prin- 
ciples into some small number of the people; which did and hath con- 
tinued to grow ever since very numerous by reason of their yearly send- 
ing in men to encourage and exhort them to these wicked principles; and 
liere was none to dispute nor to oppose them in carrying on these per- 
nicious principles for many years, &c." But even tiiough they continued 
to grow so "very numerous," the Quakei's as late as 1709 constituted 
about a tenth part only of the population. 

The evidence of Mr. Gordon, one of the English Missionaries in Albe- 
marle, is also quite explicit on this point. He says, in a letter to the 
secretary of the Society for the Propagation of the Gospel in Foreign 
Parts, dated 13th May, 1709: 

" Tliere are few or no dissenters in this government, but Quakers, who 
have lieen always the greatest sticklers against, and constant opposers of, 
the churcli, and that with no small success; it will not, therefore, be 
improper to trace their rise, with the privileges and immunities they still 
plead and contend for at the present day, to the great disturbance of the 
peace of that province and the hindrance of good laws and other proper 
endeavours for its improval. 

" From the first settlement I find for some years they were few in num- 
ber and had little or no interest in the government until John Archdale, 
Proprietor and Quaker, went over, by whose means some were made 
Councillors: and there being then no ministers in the place, they began 
to increase and grow powerful ; for the Council granting all commissions, 
in a short time they had Quaker members in most of their Courts; nay, 
in some the majority were such, who, still pushing at the government, 
were very diligent at the election of members of the Assembly, &c." 

Tlie views expressed above are not in accord with those expressed by 
Dr. Hawks in his history of North Carolina, but for all that, it is sub- 
mitted that they are essentially correct. There is no evidence that Dr. 



PREFATORY NOTES. 



Hawks had seen the Journal of Edmundson, and he evidently misappre- 
hended the joiirneyings of Fox, whose Journal he had seen. Dr. Hawks 
savs Fox went upon the Roanoke river and its tributaries, and that it was 
to that section he referred when he said there were no Friends there. In 
this latter declaration he is clearly mistaken, for Fox was speaking of the 
Macocomocock river, and not the "Maratick," when he said there were 
no Quakers inhabiting that part of the country. And what is quite as 
important, Dr. Hawks had forgotten that Albemarle Sound, or River, as 
it was called, was also called Roanoke Sound. 

Fortunately, the hamlet of Somerton, one of the places visited by Fox 
and mentioned by him, bears to-day the same name it bore when Fox 
was there. It is situated in Virginia, very near the North Carolina line 
and very near the road leading from Suffolk, Virginia, to Gatesville, 
North Carolina, on Bennett's Creek, the two places being about twenty- 
eight miles apart. 

If Dr. Hawks had taken a map, and with Fox's Journal before him, 
had traced his route therein set forth, he would have seen that Fox went 
not upon the Roanoke and its tributaries, but from Somerton, to Ben- 
nett's Creek [not Bonner's Creek, as printed in the Journal] ; from thence 
down the creek to Chowan River, thence down the sound, or, as Fox 
expressed it, "down the river Maratick," to Fdenton Bay; thence into 
Pasquotank and Perquimans counties, where, says Dr. Hawks, the 
great body of the Quakers were settled. But if an inspection of the 
map was not convincing, the statement of Fox himself that he went 
to Connie-oak Bav, where he met the Governor of the Colony, and to 
other points, where he met Representative Scott and the Secretary of the 
Colony, and his further declaration on his return, that he had spent his 
time in the " north of Carolina," would be conclusive that he was not upon 
the Roanoke or any of its tributaries. There was then no county or pre- 
cinct on the Roanoke or its tributaries, and not any for years afterward, 
nor was there any representative, secretary. Governor or other official 
living there. Nor could it be said that the Roanoke was in the north of 
Carolina. 



PREFATORY NOTES. 



Indeed, considering the small number of Quakers in tiie world at the 
date of the first settlement of Albemarle, and, the remoteness of their 
place of origin, it would be strange had they been the pioneers in Caro- 
lina. 

It is perhaps a very flattering unction that we lay to our souls in sup- 
l)osing our State was settled by men seeking religious freedom, but 
unhappily there seems to be no solid foundation for the belief. So far 
as we can see, the moving causes of immigration to Albemarle were its 
di'ligiitfu] climate, magnificent bottom lands and bountiful products. 
Tnunigration, in early days, divested of its glamour and brought down 
to solid fact, is the history of a continuous searcli for "bottom land." 
Up stream and up creek, across divides to other water courses, tliere was 
ever the same object in view, more bottom land and better bottom land. 
As has been said, the early settler did dearly love a wide stretch of l)ottom 
land. And in this connection it may be well enough to call attention to the 
fact that the designation of Roger Green as a "clarke," that is to say, a 
"clerke" or clergyman, in the Virginia Statute, puts beyond dispute 
the fact that he was a clergyman of the Church of England, and entirely 
upsets the theory that in seeking to leave Virginia he desired to find a 
freei', if not a purer, religious atmosphere. In tliat day only the ministers 
of the Church of England were styled " clerkes " or clergymen in the Vir- 
ginia Statutes. It matters not, however, what were Green's denomina- 
tional preferences, for it is almost certain that he never made any settle- 
ment in Albemarle. Yardley did not find him there in 1654, nor does 
he seem ever to have been heard of after the date of his orant in 1653. 



In 1677 began the Culpeper Rebellion, so-called. According to the 
written statement of the Lords Proprietors themselves, Thomas Miller, 
the man against whom Culpeper "rebelled," was not a Governor, but 
a usurper, who " without any legal authority gott possession of the govern- 
ment of Albemarle, in Carolina, in the year 1677 and was for a tyme 
quyetly obeyed but doeing many illegall and arbitrary things and drink- 
ing often to excess and putting the peo])le in generall l)y his tlireats and 
actions in great dread of their lives and estates and they as we suppose 



PREFATORY NOTES. 



getting some knowledge that he had no legall authority tumultuously and 
disorderly imprison him," &c. Culpeper, however, was tried for treason 
in England and acquitted, Shaftesbury being a witness in his belialf. In 
view of the facts as now presented, the blood-thirsty talk of Chalmers 
and of Dr. Hawks, who adopts not only the sentiments but the language 
of Chalmers, seems, to say the least of it, I'ather out of place. How 
it happened that Chalmers failed to see the statement of the Lords 
Proprietors above mentioned may now never be known. 



In 1679, Virginia having failed in the efforts she had been making 
since 1664 to reduce the production of tobactx) by joint legislative action, 
first with Maryland and then with Albemarle and Maryland, resorted to 
another legislative experiment to accomplish the purpose, and passed the 
first of a series of acts extending through the entire Proprietary period, 
prohibiting Carolina tobacco from being carried into Virginia. As Albe- 
marle had no sea-ports worthy the name, the effect will at once be seen, 
for tobacco was her money crop. It was a cruel blow; there were then 
no railroads to give one colony free access to the ports of another, and 
there was then no Federal Constitution to prevent embargoes and other 
unneighborly acts. 



In July, 1680, Governor Culpeper, of Virginia, issued an order fi)r the 
collection of rents and taxes from the inhabitants of Currituck and 
Blackwater, claiming them to be Virginians, and thus put into active 
operation a dispute with Carolina about the boinidary line that did not 
end until 1728, when the restoration of the province to the Crown was 
an assured fact. 

This dispute had its origin, it may be said, in the grant of the second 
charter. It will be remembered that the first charter fixed the 36th 
parallel of north latitude as the boundary between Carolina and Vir- 
ginia, and that it was only by the second charter in 1665 that the bound- 
ary was advanced northward to a line running from "the North End 
of Currituck River or Inlet upon a strait westerly line to Wyanoak 
Creek which lies within or about tlie degrees of thirty six and thirty 



PREFATORY NOTES. xxiii 

minutes northern latitude and so west in a due line, &r'." Tlie line of 
36° runs just south of Edenton, Hillsboro, Greensboro, and soon, M'cst. 
So that the effect of the second charter was to add the settlement on the 
Chowan to the territory of Carolina. That this addition was not sooner 
made was doubtless due to a misapprehension on the part of the Ijords 
Proprietors as to the exact location of their settlement on the Chowan, 
for we find them in a letter of 9th September, 1663, saying the settle- 
ment is " in the latitude of 35 or thereabouts, to which place we have 
ordered a Governor to be sent from Virginia." It would seem from this, 
and, indeed, from all their actions, that the Ijords Proprietors thought 
the Chowan settlement had been given to them by the first charter. Jiut 
however this may have been, Virginia regarded the second charter as an 
encroachment upon her rights, and Berkeley, the Governor, who was a 
grantee under it, was charged with treachery in permitting it. It was 
soon noised about, too, in Albemarle that "North Carolina," as the terri- 
tory covered by the second charter was now called, was to be given to 
Berkeley for his share of Carolina, and the rumor created so much dis- 
satisfaction that the Ijords Proprietors felt obliged to write out there to 
the Assembly in 1676, declaring it to be false. In a few years, Berkeley 
being dead and a new Governor in his place in Virginia, as we have seen, 
the territory was boldly claimed as the rightf'nl property of Virginia and 
as stoutly held by the Lords Proprietors. At first Virginia denied the 
existence of the second charter and anj^ new line. Easily beaten in this 
by inspection of the record, she continued the fight on the location of the 
natural objects called for along the line and controlling it, and thus the 
matter stood for nearly fifty years. The record as now presented is one 
that North Carolina does not need to be ashamed of in spite of the con- 
stant vituperation of her authorities by the Virginia authorities. 

Mr. W. C. Kerr, late Geologist of this State, in the introduction to 
his volume on the Geology of North Carolina, says: 

1. The first and only serious attempt to ascertain the northern bound- 
ary was made in 1728, by Col. Wm. Byrd and others, commissioners on 
the part of the two colonies acting under Royal authority. 



XXIV PREFATORY NOTES. 



2. That in all the nunierou.s attempts to establish the line of division 
between the two colonies and States, the intention and the specific instruc- 
tions have been to ascertain and mark us the boundary of the two States 
the parallel of 36° 30'. 

Both of these statements are erroneous. 

In the first place, the survey of 1728 was by no means the first or the 
only serious attempt to ascertain the northern boundary, as the records 
show. 2d, the line as run in 1728 was not an attempt to ascertain and 
mark the parallel of 36° 3U', but an attempt to run a line between certain 
natural objects regardless of theii- coincidence or want of coincidence with 
the parallel of 36° 30', and agreed upon as a compromise by Governors 
Eden and Spotswood. 3d, it was at no time, from the grant of the charter 
to the running of the line, the purpose to make the parallel of 36° 30' 
the boundary. 

And just here it may be remarked we have the origin of another dis- 
pute of long standing — that about the use of the terms North Cai-o- 
lina and Caroliua rather than North Carolina and South Carolina. For a 
nundjer of years when "North Carolina" was spoken of, only the addi- 
tional territory covered by the second charter was referred to, that conveyed 
by the first charter being called " Carolina." In the course of time North 
Carolina came to embrace all the territory of the province, north and 
east of Cape Fear, and the distinction between North Carolina and 
Carolina, was no longer appropriate, though surviving in common 
speech. 

In 1689 the Governor ceased to l)e called Governor of Albemarle, 
and was called Governor or Deputy Governor t)f North Carolina. In 
this same year Governor Sothel, himself one of the Lords Proprietors, 
was tried by the Legislature, or rather by the popular branch of it, con- 
victed and sentenced to banishment for one year and to perpetual dis- 
franchisement. 



The remarkable pronunciamento of Capt. Gibbs of the 2d June, 1690, 
develops a claimant for gubernatorial honors in Carolina hitherto 
unknown to fame. By what authority he claimed to be Governor does 



PREFATORY NOTES. 



not appear. A possible solution of the matter is, that when Sothel was 
banished he appointed Gibbs to succeed him. Gibbs was as violent in 
acts as he was boastful in words, as may be seen from the letter of 
Governor Ludwell of 19th July, 1690. The good people of Albemarle 
were, however, as quick to resort to arms for resistance, as Gibbs was 
for outrage and oppression. 



In 1701 the I^egislature having passed an act for the election of ves- 
tries and for the maintenance of clergymen, efforts were first made to 
secure regular religious services according to the requirements of the 
Church of England. The Quakers also began to hold regular monthly 
meetings in the same year ; at least we have no records of such meetings 
at an earlier date. About this time, also, the Society for the Propagation 
of the Gospel in Foreign Parts began its work of sending clergymen of 
the Church of England as missionaries to North Carolina, a work that 
was continued mitil the beginning of the Revolution. 

The subserviency of the Legislature to the dictation of the Govern- 
ment in the matter of religion seems not to have gone as far in North 
Carolina as it went in her sister colony of South Carolina, for the two 
church acts, requiring conformity to the Church of England, that raised 
such a commotion in South Carolina in 1704-'5 that upon a representa- 
tion from the House of Lords the Queen not only repealed them but 
ordered proceedings in quo warranto to be instituted against the Lords 
Proprietors for a forfeiture of their ciiarter, seem never to liave teen 
passed in North Carolina. 

It is true, as said above, that a vestry act was passed in 1701, but while 
this was doubtless an act for the establishment of the Church of England in 
the colony, it by no means required conformity thereto. We have nocoj)y 
of the first vestry act, but its provisions, as may easily be gathered 
from the letters of the missionaries and others to the Secretary of the 
Society for the Propagation of the Gosj^el in Foreign Parts, were 
substantially the same as those of the vestry act of 1715, of which we 
have a complete copy. 



XXVI PKEFATORY NOTES. 



Neither Chalmers, nor Williamson, nor Martin refer to any sueh acts as 
those passed in South Cai'olina. Martin indeed says that Governor Daniel 
procured the passage of a bill for the establishment of the Church of 
England by legal authority, but the provisions of that act, as set forth 
by him, are the well-known provisions of the vestry acts of North Caro- 
lina, not the provisions of the South Carolina -acts. More important tes- 
timony still is the silence of the missionaries in their correspondence. 
Not a word in all that correspondence gives the slightest ground for 
crediting the existence of any such acts, and it is well-nigh impossible to 
suppose that had any such acts been passed no reference would have been 
made to them. 

Nor do the proceedings in England resulting in the repeal of the South 
Carolina acts make any reference to North Carolina. If North Carolina 
had any concern in those proceedings the record utterly fails to show it. 

No doubt Governor Daniel would have done in North Carolina all that 
his friend and patron Governor Johnson did in South Carolina, had he 
been able to do it. All he could accomplish, however, was to secure the 
reenactment of the vestry act of 1701. Between this act and the South 
Carolina acts there was, as we have said, a wide difference. In North 
Carolina a church was indeed established by law, but the people needed 
not to conform to its faith or its services unless they chose to do so. 
Here the oppression went so far as to require men to pay taxes for the 
support of a church whose services they did not desire to attend. In 
South Carolina it required unwilling men to conform to its services, as 
well as to pay for them, upon pain of disfranchisement. 

The confusion upon this point arises in part at least, doubtless, from 
the trouble with the Quakers about this time. But this trouble arose not 
from any acts passed for the establishment of the Church of England or 
requiring conformity thereto, but from the refusal of the Quakers to take 
oaths, even the oath of allegiance. It happened just about this time 
that the new oaths of allegiance made necessary by the recent accession 
of Queen Anne to the throne, reached Albemarle. As a matter of course 
the Quakers refused to take them, their faith prohibiting anything stronger 
than an affirmation, and hence the trouble. This view of the case seems 



PREFATORY NOTES. 



to be very strongly confirmed by the intelligent statement of events in 
Mr. Gordon's letter of the 13th May, 1709, to which attention is espe- 
cially directed. 

For the benefit of those who may desire to examine the qnestion for 
themselves, the Sonth Carolina Acts and Qneen Aime's Act have been 
printed in the Appendix. • 



The next event of public interest was the so-called Caiy Rebellion, 
which was finally put an end to by the armed intervention of Governor 
Spotswood of A^irginia. It is generally stated to have lasted from 1708 
to 1711, but the statement is scarcely accurate. The history of this 
''rebellion" is, in brief, as follows: In 1704 the new oaths of allegiance 
made necessary in consequence of the recent accession of Queen Anne 
to the British throne, reached Albemarle, and Governor Daniel required all 
officials to take them. The Quakers not only refused to take them, but had 
influence enough with the Lords Proprietors to induce them to turn out 
Daniel and put Colonel Thomas Cary in his place. Cary also required the 
oaths to be taken by all officials, and he, too, was deposed. The Proprie- 
tors then authorized the Council to elect a President, in whom executive 
authority was to be vested, the right of the South Carolina Governor to 
appoint a Deputy Governor being suspended in the meanwhile. The Coun- 
cil met and elected William Glover as its President. He, too, required the 
oaths to be taken by all officials, and thereupon the Council met again and 
elected Cary to be President in the place of Glover. In 1708, in order 
to put an end to the strife, it was agreed to refer the matter to the Assem- 
bly for decision, and to this end a new Assembly was called, both Cary 
and Glover issuing writs for the election. The Assembly met in October, 
and after seating Cary delegates from Chowan whose election was con- 
tested, proceeded to elect Edward Moseley Speaker and to recognize Cary 
as the lawful Executive. At this date the Colony consisted of two coun- 
ties, Albemarle and Bath. Albemarle had four precincts, Chowan, Cur- 
rituck, Pasquotank and Perquimans, each of which sent five delegates to 
the Assembly. Bath had three precincts, Pamptecough, Wickham and 
Archdale, each of which sent two delegates. The Assend)ly, therefore, 



XXVIII PEEFATORY NOTES. 



consisted of tweuty-six members, and as Pasquotank, Perquimans and 
the three Bath precincts sent Gary delegates to the Assembly, he had a 
clear majority without the Chowan members. The fact that the Quakers 
had the balance of power, if not the majority, in Pasquotank and Per- 
quimans, two of the four large precincts, explains why it was that they 
could exercise a commanding influence in the Asseml)ly whenever they 
desired to do so. 

Glover, however, refused to abide by the decision of the Assembly, 
protesting that its members had not cjualilied according to law and that 
in consequence thereof he was not bound by anything it did. 

Both sides, it is said, resorted to arms, but the evidence of any actual 
armefl conflict is very slight. The truth seems to be that from 1708 
till 1711 there was not really any rebellion or insurrection, but an utter 
absence of all govei-nment, there being for "two years and upwards no 
law, no justice, Assembly or courts of jucHcature, so that ])eople did and 
said what they list." In the summer of 1710 Edward Hyde came upon 
the scene, asserting that he had been sent tliere to be Deputy Governor, 
but that owing to the death of Col. Tynte, Governor of Carolina, lie had 
no commission and could get none. The only proof he could make of 
his statement was some private letters in his possession. In spite of 
this, however, his story was believed, and the Council, tired of the con- 
flict doubtless, in deference somewhat, possibly, to the supposed wishes of 
the Lords Proprietors and l)ecause of the "awful respect" inspired by 
Mr. Hyde's relationship to the Queen, proceeded to elect him its Presi- 
dent, though by what authority a person not a member of the Council 
was thus chosen, does not appear. Hyde went on duty as President, 
ordered an election for a ncM' Assembly, and everything seemed to promise 
a complete restoration to jieace and good order. 

Tlie Assembly met in March, 1711, and the adiierents of Hyde being 
largely in the majority, the temptation to wreak vengeance on their old 
enemies was greater than they could resist. Violent legislation, disap- 
proved of botli by Governor S])otswood and the Ijords Proprietors, fol- 
lowed. [See page 784, et scq.~\ To prevent this legislation from going 
into effect, a fresh resort was had to arms, constituting the rebellion that 



PREFATORY NOTES. xxix 



Governor Spotswoud of Virginia put down by an arnu'il force. During 
all this time the Lords Proprietors seemed to have been indiiferent if 
not disinterested spectators of events in Albemarle, and it may well 
be doubted whether the legal authority of the government against which 
Gary rebelled was any greater than that of the government against which 
Culjieper rebelled thirty years before. In fact, Hyde was not commis- 
sioned until 24th January, 1711-12, and did not take the oaths of office 
until the 9th of May following, nearly a year after Spotswood's armed 
intervention in his behalf. The records relating to this "rebellion" 
come to US from Pollock and S]X)tswood with all the bias and color- 
ing that the bitterest partisanship could give. No crime was too gi'oss 
or too unnatural to impute to Gary and his followers. Against Gary 
it was alleged that he threatened to repeat in Albemarle the tragic occur- 
rences in Antigua, where, in 1709, the people having been "cursed by 
the Government of a ferocious and un])rinciple<l tyrant" for three 
years, "rose in a body, overpowered the regular troops, tore the living 
body of the oppressor limb from limb, and gave the fragments to beasts 
of prey. So well was this punishment thought to be deserved," con- 
tinues the historian, "that the British Government ratitied the act by 
granting a general pardon to all concerned in it, and shortly afterwards 
promoted two of the jjrincipal actors to pul)lie offices." The fate of 
Governor Parke, of Antigua, was not, it seems, a jileasing subject for 
contemplation in gubernatorial circles, either in Albemarle or in Vir- 
ginia. Against Gary's adherents, if not against himself, was alleged 
the instigation and solicitation of the horrible Indian massacre of Sep- 
tember, 1711, and to this last charge Dr. Hawks seems seriously to 
give credence; but the good Doctor was a devoted follower of Pollock 
and a firm believer in the doctrine of " obedience to the powers that be." 
There seems to be l)ut little doubt that Quakers, how many it is now 
im])ossil)le to say, bore arms during the Gary Rebellion. This violation 
of the ])rinciples of their faith was doubtless due to the fact that tliey were 
not born Quakers, and wei'e still under the dominion of the natural habit 
of belligerency. 



PREFATOEY NOTES. 



In Sejjtember, 1711, occurred a terrible massacre of the colonists on 
the Neuse and Pamplico by the Indians, the Tuscaroras being- the chief 
instigators thereof, that, with the Indian war that followed, blighted the 
colony for years, and would have destroyed it entirely but for the prompt 
and generous action of South Carolina in coming to its assistance. Gov- 
ernor Spotswood of Virginia made a very eloquent speech to his Legis- 
lature, appealing to its members by all the considerations of humanity, 
kinship, neighborhood and self-interest for help for their brethren in 
Albemarle, and succeeded in getting an appropriation of £1,000 in their 
behalf; but the appropriation was not expended, the security required 
by Governor Spotswood for repayment being such as the North Carolina 
authorities said they could not give. The security i-equired by Governor 
Spotswood was a mortgage upon the territory north of the Roanoke, that 
is to say, tiie inhabited part of the territory, then in dispute between the 
two Cdlonies. South Carolina voted £4,000 and sent troops at once, 
without asking for a mortgage, or other security for repayment. 

What was the character of the previous intercourse between the colonists 
and the Indians does not fully appear, though it was doubtless much 
like that between other colonists and Indians. We know that there 
was an Indian invasion in Albemarle in the early fall of 1606 of suf- 
ficient magnitude to prevent the transmission of the act of Assembly 
of that year for the cessation of tobacco-planting to Maryland by the 
last of September, the time agreed uj)on for it to be there, and from the 
common use of the term "enemy Indians," it would seem that hostilities 
with the Indians were not infrequent. 

But even if there had been an unbroken peace hitherto, the massacre 
of 1711 was horrible enough to make the Indian annals of Albemarle 
of the bloodiest and crudest kind. One hundred and thirty people were 
massacred in the space of two hours. Women were laid upon the house 
floors and great stakes driven through their bodies; from others, big 
with child, the infants were ripped out and hung upon trees; and so 
hotly did the Indians pursue the survivors that the dead were left un- 
buried, a prey to dogs and wolves and vultures. Then, and during the 



PREFATORY NOTES. 



war that lollowed, it is said that moru than ei,<!;hty uiil)a[)tizcd infants 
were shi lightered. 

On the ^4th oi' Jannary, 1712, was eonmiissioned tiie first Guvernur 
of North Carolina separate and distinet from Sonth Carolina. 

The volnnie eonclndes with the Mannseript of Baron DeGraffenried, 
covering his stay in Anieriea, his eontraet for the Palatines and an extract 
of his letter to Governor Hyde. In his MSS. will be found a plain and 
satisfactory explanaticni of Colonel JJarnwell's motives for not assaulting 
the Indian fort when its capture was no longer a matter of doubt. The 
reason was, that the fort was full of white captives, who cried out that 
they would be slaughtered if the assault was made. Surely a sufficient 
reason for "clapping uj) a peace," as Governors Pollock and Spotswood 
termed it. That this simple explanation oi' a transaction for which 
Colonel Barnwell was very much blamed by the Pollock faction, 
comes to us from Switzerland, more than a century and a half after its 
occurrence, and not from the Pollock faction, shows with how much 
caution the statements of that faction must be received. Unfortunately, 
all the records of that day that have come to us were made by the Pol- 
lock faction, and none by their rivals of the Moseley faction. It seems 
incredible that Pollock did not know why Barnwell preferred to " clap 
up a peace" rather than carry the fort by assault; yet he makes no men- 
tion of it. Barnwell was on too good terms with Moseley for him to 
find favor in Pollock's sight. Tradition in and about the locality, it is 
said, corroborates DeGraifenried's statement as to the presence of white 
captives in the fort. 

The people seem to have had a different opinion of Barnwell from 
that entertained by Pollock, for Pollock in his letter of 20th February, 
1713, speaks of an address procured by Moseley from the Assembly 
to send to the Lords Proprietors in favor of Barnwell, in the hope 
that it might be an inducement to them to give him the government, 
"and, then," continues Pollock, "they two (Barnwell and Moseley) with 
the interest of the Quakers who are the chief moulders of the assemblies 
here would have carried matters on here at their pleasure" — a consum- 



PREFATORY NOTES. 



matiun tliat, in the opinion of Pollock, doubtlesf^, would have been the 
sum of all iniquities. 

The declarations of Pollock, inconsistent as they are with the opinions 
of the Legislature, show the existence of a conflict in the premises between 
the government and the people, for the people spoke through their dele- 
gates in the Assembly, and the government spoke through Pollock, but, 
unfortunately, the records of the Assemblies have not come down to us. 



The date of the session of the first General Assembly is no longer 
involved in much doubt, as it was certainly held either in the latter 
part of 1664 or the early part of 1665. The letter of Surveyor General 
Woodward, of 2d June, 1665, shows indisputably that it was held before 
that date. It is certain, too, that it was held after the commission and 
instructions were sent out for the government of the colony, as it peti- 
tioned the Lords Proprietors against a portion of those instructions — that 
jjortion relating to the grant of lands. The petition referred to is the one 
to which tlie Lords Proprietors made reply in the Great Deed of Grant of 
1st May, 1668. Chalmers therefore, misled doubtless by the length of 
time taken to replv to it, is mistaken in saying the petition was instiga- 
ted by the near approach of rent day. So far from this being true, it 
was about the first official action of the settlers as Carolinians. Hitherto 
tliev had been Virginians, and Berkeley, as Governor of Virginia, 
granted land in Albemarle until 25th September, 1663. The point at 
issue, then, was not merely as to the rate of rent per acre, but as to the 
quantitv and location of land in a grant as well. The letter of Surveyor- 
General Woodward shows this to be true. The minutes of the Council of 
Maryland and the tobacco-cessation documents generally, show the exist- 
ence of a Legislature in 1666, George Catchmeyd being Sj)eaker of the 
Assembly in that year. At first the precincts of Chowan, Currituck, 
Perquimans and Pasquotank, each sent five delegates to the Legislature. 
In 1696, Bath was made into a county, with the privilege of sending 
two delegates, and from that time as new precincts or counties were 
created, thev were given similar privileges. Bath had "sent delegates 
before this date under the name of the precinct of Pampticoe. 



PREFATORY NOTES. xxxiir 



The first statute of which we have any knowledge was "an act pro- 
hihitino; the sowing, setting, planting or in way tending any tobacco," 
from the first of February, 1667, to the first of February, 1668, which 
was passed in the early fall of 1666 — probably in September. Of this 
act we have no copy, though we know its purport. 

The next acts of which we have any knowledge, were passed in the fall 
of 1669, and are nine in number, and of them we have perfect copies, 
The Legislature that passed them was acting under the Fundamental Con- 
stitutions, and not under the so-called Constitution of 1667, as Chalmers 
asserts, a fact that will be patent to any one who will take the trouble to 
read the enacting clause set forth in full in each of said acts. Until the 
rcccijjt of the transcripts from the British Record Office in Loudon, we 
had no copy of any law of an earlier date than 1715. 

And, in this connection, it may be remarked that, though the Legis- 
lature was called both by the Lords Proprietors and the Legislatures 
themselves, "The Grand Assembly," its real legal name was "The Gen- 
eral Assembly." The first use of the term "Grand Assembly," so far 
as we know, occurs in the Great Deed of Grant of 1st May, 1668. It 
also occurs in the acts of 1669, and again in some of the acts of 1715. 
and afterwards, and not merely in the "earliest legislation," as Dr. 
Hawks asserts. 

One of the acts passed in 1669 protected new-comers from their foreign 
creditors for five years, and from tliis, Albemarle came to be denounced 
as the resort of thieves, rogues, vagabonds, &c. It happens, however, 
that North Carolina was neither the pioneer nor alone in this kind of 
legislation. In 1642, Virginia passed a law forbidding suits to be brought 
on foreign debts, and gave as a reason therefor, that many people had, 
"through their engagements in England, forsaken their native country 
and repaired hither, with resolution to abide here, hoping in time to gain 
some competency of subsistence by their labors, yet, nevertheless, their 
creditors, hearing of their abode in the colony, have prosecuted them 
with their actions to the ruin of said debtors," &c., &c., &c., &c. In 
1663 the law was formally re-affirmed, because, having been accidentally 
omitted from the printed volume of the statutes, it was feared damage 



PREFATORY NOTES. 



would ensuo by reason of its supposed repeal. In 1GX6, North Carolina 
and Maryland were exempted from the operation of the act. In 1683 
and 1696, South Carolina also passed acts suspending foreign debts. 
How circumstances do alter cases. When a man in England got in debt, 
ran away between two suns, and settled in Virginia or South Carolina, 
he was graciously and fraternally welcomed and thoroughly protected 
from his "engagements," as his debts were mildly termed. If, however, 
a debtor, flying his engagements, should find welcome and protection in 
North Carolina, he straightway became a rogue and a vagabond. Verily, 
it would seem that Virginia and South Carolina sought a monopoly of 
absconding debtors. 

The marriage law, passed in 1669, was also a subject of bitter reproach, 
although it simply authorized civil officers to celebrate the rites of mat- 
rimony. The law, it was said, tended directly to gross immorality and 
vice. Experience has proved otherwise; it made marriage easy, but not 
divorce. The Virginia law required the rites to be solemnized by a 
clergyman of the Church of England, but as there were no clergymen in 
Albemarle of any sort, the statute there would seem to have been a 
necessity, bearing in mind, at least, St. Paul's wise suggestion, that "it is 
better to marry than to burn." It is divorce, not matrimony, that tends 
to licentiousness, and it was matrimony and not divorce that was made 
easy in Albemarle. For these Virginia and South Carolina statutes, see 
Appendix, which will be found at the end of the second volume. 



COLONIAL RECORDS OF NORTH CAROLINA. 



ABBREVIATIONS. 



B. P. R. O.— British Public Reooirt Office, 

C. JE. B.— Colonial Entry Books. 
C. P. — Colonial Papers. 

S. P.— Shaftesbury Papers. 

S. P. 6. — Society for the Propai;atioii of llie (iospt-l in Fon-igii Parts. 

B. T.— Board of Trade. 

B. T. P.— Board of Trade Proprietors. 

B. T. J.— Board of Trade Journals. 

P. G. — Plantations General. 

A. W. I. — America and West Indies. 



COLONIAL RECORDS. 



1622. 

[Reprinted FROiM Smith'is History of Virginia, Vol. 2, p. 64.] 

The obseruations of Master John Porv Secretarie of Viruiiiia in liis 
trauels 1622 

In Febrnary also he trauelled to the Sontli River Chawonock some 
sixtie miles oner land which he found to be a uery fruitful and pleasant 
Country, yielding t^vo harnests in a yeere and found much of the silke 
grasse formerly spoken of Was kinilly vsed by the people and so returned. 



1629. 

[B. P. R. (). Shaftesbury Papers. Suction IX. Bondle 48. No. 1.] 

SIR ROBERT HEATH'S PATENT 5 CHAREES 1st. 
[30 Oct. 1(529]. 

Charles by the grace of God of England Scotland France & Ireland 
King Defender of the faith &c : To all to «hom these pre.sent 1™* shall 
come, greeting we have seen the inrolement of certaine of our 1"""' patents 
under our great scale of England made to S"" Robert Heath Knight oui- 
Atturney Generall, bearing date at Westminster the 30. day of October 
in the o yeare of our reigne & inrolled in our Court of Chancery, & 
remaining upon Record among tlic Hok's of the Said Court in the.>;e 
words: The king to all to whom tliesc jjrcseiit &c : greeting. Whereas 
our beloved and faithfull subject and servant S'' Robert Heath Knight 
our Atturney Generall, kindled witii a (•crtainc laudable and pious desire 
as well of enlarging the Christian religion as our Empire & encreasing 
the Trade & Commerce (jf this our kingdom: A certaine Region or 
Territorv to i)ee hereafter described, in our lands in tlic jvirts of America 



COLONIAL RECORDS. 



betwixt oue & thivetv & 36 degrees of northerne latitude inclusively 
placed (yet hitherto untild, neither inhabited by ours or the subjects of 
any other Christian king, Prince or state But in some parts of it inhab- 
ited by ceitaine Barbarous men who have not any knowledge of the 
Divine Dietye) He being about to lead thither a Colonye of men large & 
plentifull, professing the true religion ; seduously & industriously apply- 
ing themselves to the culture of the sayd lands & to merchandising to be 
performed by industry & at his owne chai'ges & others by his example. 
And in this his purpose in this alFayre for our service and honour he 
hath given us full satisfaction, which purpose of his beeing soe laudable 
& manifestly tending to our honour, & the protitt of our kingdome of 
England Wee with a Royal regard considering these things doe thiuke 
meete to approve & prosecute them, for which end the sayd S' Robert 
Heath hath humbly supplicated that all that Region with the Isles there- 
unto belonging with certaine sorts of privel edges & jurisdictions for the 
wholesome government of his Colonye & Region aforesaid & for the 
estate of the appurtenances may be given granted and confirmed to him, 
his lieires & Assignes by our Royall Highnesse. 

Know therefore that wee prosecuting with (jui' lioyall lavoai' the pious 
& laudable purpose & desire of our aforesaid Attui-ney of our espe- 
tiall grace certaine knowledge & nieere nnjtion, liave given, granted 
& confirmed & by this our present charter to the said S'' Robert 
Heath Knight his heires & assignes for ever, doe give, grant & con- 
firme all that River or Rivelett of S' Matthew on the South side ct all 
that River or Rivelett of the great passe on the North side, & all the 
lands Tenements & Hei'editaments lying, beeing & extending within 
or between the sayd Rivers by that draught or Tract to the Ocean upon 
the east side & soe to the west & soe iiu-e as the Continent extends 
itselfe with all & every their appurtenances & alsoe all those oui- 
Islands of beagus Bahama & all other Isles & Islands lying southerly 
there or neare upon the foresayd continent all wliicli lye inclusively 
witliin the degrees of 31 t'i: ofi of Northerne latitude ; And all & sin- 
gular the ports & stations of shipj)es & the Creeks oi" the sea belong- 
ing to the Rivers, Islands & lands aforesaid ; with the fishings of all 
sorts of fish, whales, sturgeons i^c of other Royaltyes in tiic sea or in the 
rivers moreover all veines, mines or pits either upon or conceald of 
Gold, Silver Jewells cV: precious stones & all other things whatso- 
ever, Avhither of stones or metalls or any other thing or n)atter finuid or 
to be found in the Region Territory Isles oi- limitts afiiresaid. And 
furthermoi'c the patronages and advowsons of all churches which shall 
liappen to he built hereafter in the said Region Territoi-y & Isles and 



COLONIAI. RECORDiS. 



liiuittr- In- the incivasc oftlu' ivlisiioii cV worsliii) di'Clirist Togetlif)- with 
all & f^iugnlar tiicso ct tiicse soe am])ly, Rights .Jurisdictions, privi- 
ledgt's i)r('r()oativ('s Royaltves libertycs inuminityes witli Royall rigiits 
& ihuichiscs wiiatsdcver as well by sea as In land, witliin that IJetiiou 
Ten-itoi-y Isles ct limitts aforesaid To liave exei-cise use & enjoy in like 
manner as any Bishop of Durham witliin the Bp""''" or County palatine 
of Durham in our kingdome of England ever heretofore had held used 
or enjoved or of right ought or eould have hold use or enjoy. And by 
the presents we make eresite c^^ constitute the same S'' Robert Heath his 
heires cV: assigues true and absolute Lords ct Proprietors of the Region c*c 
Territory aforesaid & all othi'r the premises for ns our heires & succes- 
sors saveing alwaies the faith ct allegiance due to us our heires & succes- 
sors. To have hold possess & enjoy the said Region Isles Rivers & the 
rest of the premisses to the said S"^ Robert Heath Knight his heires & 
assigues to the sole & proper use & behoofe of him S'' Robert Heath 
Knight his heires <& assigues for ever with that meaning that the said S"' 
Robert Heath his heires & assigues shall plant the premisses according 
to certaine instructions & directions of oures signed with our Royall 
hand of the date of the presents remaining with our principall Secretary 
to our use our heires &' successors To be held of us our heires & succes- 
sors Kings of England in cheife by knights service & by paying for it 
to us our heires & successors one Circle of Gold formed in the fashion of 
a crowne of the weight of twenty Ounces with this inscription ingraved 
u];»on it Deos Coronet Opus 8uum whensoever & as often as it shall hap- 
pen, that we our heires or successors shall enter the said Region, & also 
the fifth & part of all the metall of Gold & Silver (which in English is 
called Gold & Silver Oare) which shall from time to time happen to be 
found within the toresayd limits & such a proportion of the profitts & 
commoditves out of the premises as are fully conteined in the instructions 
& declarations aforesaid. 

But that the aforesaid Region or Territory soe granted & described 
may be UKjro illustrious by us than all the otiier Regions of that land t'c 
mav be adorned with more amjile Titles. 

Know that we of our free grace certain knowledge <t meere motion 
doe thiuke fit to ei-cct the sayd Region Territory & Isles into a Prov- 
ince & by the fulnes of our power & Kingly Authority for us our 
heires & successors, we doe erect & incorporate them into a province 
& name the same Carolina or the ]ir(5vince of Carolina & the foresaici 
Isles the Carolarns Islands & soe we will that in all times hereafter they 
shall be named. Xnd becaus<^ we herebefore haA'e oi'dained & made the 
fores^ S"^ Rolieit Heath Knight true lor<l (fe proprietor of all the afore- 



COLONIAL RECORDS. 



named Proviufe Fintlu'niiorc know yt-e tliat wo for ourselves our heires 
(t successors doe give power to the said S'' Robert (of whose faith pru- 
dence industry & provident circumspection we have great confidence) 
& to liis heires & assignes for tlie good & hapjiy Government of tlie 
said Province to forme make & enact & pulilish under the seale of the 
said 8'' Robert his heires & assignes what law^es soever may concerne the 
publicke state of the said province or the private profitt of all according 
to the wholesome directions of & with the counsell assent & approbation 
of the Freeliolders of tlie same Province or the Major part of them who 
when & ns often as need shall require shall by the aforesaid 8"" Robert 
Heath his Heires & ^issignes & in that forme which to him or them shall 
seem best, be called together to make lawes & those to be for all men 
within the said province & the bounds of it for the time beeing or under 
his or their Government or power either sayling towards Carolana or 
returning from thence either t)utward to England or outward to any 
other dominion of ours whatsoever constiti;ted by imposition of fines im- 
prisonment or any other constraint whatsoever & we grant to the said S"' 
Robert his heires & assignes free full & all kind of power by the Tenour 
of the presents if the qualitve of the oft'ence requires it to punish by the 
losse of life or limbe by himself his heires or assignes, or by their Dep- 
utyes Lieutenants Judges Justices Magestrates Officers & ministers to be 
constituted & made according to the tenour & true intent of these px'es- 
ents duely to be executed : And also to the said 8'' Robert Heath his 
heires & assignes as to them shall seem most meet power of constituting 
& ordaining Judges & Justices Magestrates & officers whatsoever for 
whatsoever causes and with what poMer soever & in what forme by sea or 
liv land. Alsoe crimes & all excesses whatsoever against such laws either 
before judgement received or after, power of remitting releasing pardon- 
ing & abolishing, & all & singular complements of justice courts tribu- 
nalls forms of judgements & manners of processe belonging to them 
although tiiere be not mention made nor expression of them in these pres- 
ents which lawes as aforesaid to be proclaimed & to l>e endowed with the 
most absolute tirmnesse of right : we will injoyne coinmanti & order that 
they be inviolably observed & kept by all men the Lieges & Subjects of 
us our heires & successors (as farre as it nuiy concerne them) & under the 
paines in them expressed & to be expressed yet soethat the foresaid lawes 
& ordinances be consonant to Reason & not repugnant or contrary but 
(as conveniently as may be done) consonant to the lawes, statutes, cus- 
toraes & rights of our Realme of England. 

And because in the Government of soe great a Province sudden chances 
many tirae> happen to %^-hioh it ^tHI be necessary to apply a remedy before 



COLONIAL RECORDS. 



that tlie Frtvlioldors of the sayd proviiu'e can l>e called together to make 
lawe.s, neither will it be eunvenieiit, ujioii a continued title in an emer- 
gent occasion to gather together .soe great a people therefore for the better 
Government of the sayd Province, we will & ordaine & by these presents 
for Us our Heirs & Suceessoi-s; doe grant unto the said S'' Robert Heath 
his Heires & Assignes by himself or by magisti'ates i*t officers duly consti- 
tuted for that purpose (as before is sayd) shall & may have power from 
time to time to make & constitute wholesome & convenient Ordinances 
within the Province aforesaid & l)e kept & observed as well for the pre- 
serving the peace as for the better Government of the people there liveing ; 
& to give publicke notice of them to all whom it doth or may concerne : 
which Ordinances we will that they l)e inviolably observed within the 
sayd Province under the paines expressed in them soe as the sayd Ordi- 
nances be consonant to Reason & not repugnant nor contrary, but (as con- 
veniently as may be done) consonant to the laws, statutes & rights of our 
Realme of England as is aforesaid soe alsoe that the same Ordinances 
extend not themselves against the right or interest of any person or per- 
sons or to distrayne bind or burden in or upon his freehold goods or 
chattels : or to be received any ^^'here then in the same Province or the 
Isles aforesayd. 

Moreover that New Carolana may happily increase by the multitude 
of people thronging thither & alsoe that they be firmely defended from 
the incursions of the Barbarous & of other practicall or plundering ene- 
myes. Therefore we for ourselves our Heijes & Successors at the will & 
pleasure of the sayd S" Robert Heath his heires and assignes, doe give & 
grant by these pi'esents to all men & our subjects, leiges of our heires and 
successors both those in present & to coiiie (unless it shall be in an espe- 
ciall manner forbidden) power, licence & libertye to build & fortifve 
themselves & their family es in the sayd Province of Carolana for the 
publicke safety of their seats there planted, tilled & inhabited with forts 
castles & other fortifications, with fitting shipes alsoe & convenient furni- 
ture for transportation the statute of fugitives or any other ^vllatsoever 
contrary to these premises in any wise notwithstanding We will alsoe & 
for L^s our Heires & successors out of our great favour we firmely comand 
constitute ordaine & require that the said Province be in our Allegiance 
& that all & every our subjects & leiges & of our heires & successors 
brought or to be brought into the said Province, their children either their 
already borne or hereafter to be borne are & shall be Naturall and leiges 
to us our Heires & successors & in all things shall be held, treated re- 
puted & accounted as faithfull leiges of us, our heires & successors borne 
in our Kingdom of England. And alsoe that they shall possesse lands, 



10 COLONIAL EECORDS. 



tenements, rents services & Hereditaments whatsoever with onr King- 
dome of England & other t)ur Dominions to purchase, receive, take, have, 
hold, buy and possesse & then to use & enjoy & alsoe then to give sell 
alienate & bequeath & alsoe all libertyes, franchises & priviledges of this 
our Realrae, to have & possess freely quietly & peaceably & that they 
may use & enjoy them as om* leiges borne or to he borne within our King- 
dom of England, without impediment, molestation or vexation, claime or 
grievance from us our Hcires & successors whatsoever ; any statute, act, 
Ordinance or provision here upon to the contrary notwithstanding : furth- 
ermore that our subjects may be incited with a ready & cheerfull mind, 
to undertake this expedition with the hope of gaine & the meetnesse of 
privileges. Know that we out of our especiall fiivour, certain knowl- 
edge & meei'e motion doe give licence & grant free power, as well to the 
said S' Robert Heath Knight his Heires & assignes as to all others who 
shall goe from time to time to inhabit in Carolana aforesaid, all & singu- 
lar their goods as well moveable as immovable wares, merchandize alsoe 
weapons & warlicke instruments offensive & defensive in any ports of 
ours, our Heires & successors to be laded in shippes, for to be transported 
into the province of Carolana, by him or his, or their assignes & this 
without molestation by us our Heires & successors or any officers of us 
our Heirs or successors, or farmers to us, our Heii'es & successors : pay- 
ing notwithstanding to us, our Heires & successors all & all manner of 
impositions, subsidyes, customes & other Dues for the sayd things wares 
& merchandises soe exported as are usuall & accustomed, any statute act 
Ordinance or other thing whatsoever to the contrary notwithstanding. 
Alwaies provided that before the sayd Goodes, things & merchandises are 
carried to & loaded in the shippes that licence for them be desired & ob- 
tained from the High Treasiu'er of the Kingdonie of England to us, our 
heires & successors, or the commissioners for our Tresurye or from six or 
more of the Privy Councell, of us our Heires & successors inscribed 
under their hands To which Tresurer Commissioners & privy Councell 
of us our heires & successors or to any sixe or more of them; we for our- 
selves our Heires & successors have given & granted as by these presents 
we doe give & grant power to grant licence in the form aforesayd. And 
because in soe remote a Region, seated among so many barbarous nations 
it is probable that the incursions as well of tliose Barbarous as of other 
enemyes Pirates & Robbers may cause feare. Therefore we for ourseh'es 
our Heires & successors have given to the foresayd S'' Robert Heath 
Knight his heires & assignes by himself his Captains or other his officers, 
that all men of whatever condition, or -wherever borne, being at that time 
in the Province of Carolana power to call to their colours, to cause 



COLONIAL RECORDS. 11 



Musters to make warre, to pursue enemyes & Robbers aforesaid I)y laud 
& sea, even beyond the bounds of his province, and then (witli Gods 
blessing) to overcome & to take, & being taken by right of warre to slay, 
or according to his pleasure to preserve, & all & every thing which doe 
appertaine to the right & office of a Captaine Generall or have been used 
to appertaine to be done & by these presents doe give full & free power 
as any Captaine Generall ever had. 

Will will also & l)y this our charter doe give power, liberty and 
Authority to the foresayd S"" Robert Heath Knight his heires & assignes 
that in case of Rebellion sudden tumult or sedition, if any such shall 
chance to be which (God forbid) either upon the land within the Prov- 
ince aforesayd, or upon the wide Ocean, either makeing a journey 
towards Carolana aforesayd or returning from thence, w^e by these pres- 
ents for us our heires & successors doe give & grant power and author- 
itye most ample to himself or by Captaines Deputyes or other their offi- 
cers authorised to this purpose under their scales, against all authors of 
innovations, seditions against the Government of him or them, with- 
drawing themselves speakers evill of the melitia, renegadors, deserters 

or any others whatsoever offending against the matter manner & 

discipline military shall by them be punished by law militarye soe freely 
and in such ample manner & forme as any Captaine Generall by the vei-- 
tue of his office may or could doe. 

Furthermore least the way to Honours & Dignityes may seem to be 
shutt & altogether barr'd up to men honestly borne, & are willing to 
undertake this present expedition & are desirous in soe remote and far 
distant a Region to deserve well of us & of our kingdomes in peace & 
warre for that doe for (jurselves our heii-es & successors give full & free 
power to the foresayd S'" Robert Heath Knight his heires & assignes to 
confcre favoui-s graces & honours upon those well deserveing citizens that 
inhabit within the foresayd province & the same with whatever Titles & 
dignityes (provided they be not the same as are now used in England) to 
adorne at his pleasure alsoe to erect villages into Borowes & Borowes into 
Cittyes for the meritts of the inhabitants and conveniency of the places 
with priviledges & befitting immunityes to be erected & incorporated, & 
to doe all other & singular upon the premises ^vhich shall seem most con- 
venient to him or them, although they be such which of their owne 
natures doe require mandates or warrant more especiall then is expressed 
in these presents And because the beginnings of Colonys & all publicke 
goods & aflfavres doe want to labour under divers inconveniences & diffi- 
cultyes, therefore wee favouring the beginning of this present Colonye, 
& that those that are molested in one thing may be releived in another 



12 COLONIAL RECORDS. 



providing by our kingly care, out of our espetiall grace, certaine knowl- 
edge & moor motion, by this our chailer do give and grant licence to the 
foresayd S"" Robert Heath his heires & assignes & to all the Dwellers & 
inhabits of Carolana aforesayd whatsoever both present & to come: That 
whatsoever wares and merchandises out of the growth & increase of the 
sayd Province by land or sea, freely to bring by himselfe or his factors 
or assignes into whatever port^ of us, our heires & successors of our king- 
domes of England or Ireland & them to unlade and otherwise thereof to 
dispose, or if need be continually to keep for a whole yeare the sayd mer- 
chandises from being unladed, or them againe into the same or other 
shippes to lade, & to export them into what Regions soever they please 
whither ours or others strangers. Alwaies provided that soe many & 
such Customes impositions subsidyes & Toles & other dutyes which they 
are bound to pay to us, our heires and successors & onely such & the like 
as our other subjects for the time beeing are bound to pay, beyond what 
& which by noe meanes we will that the inhabitants of the aforesayd 
Carolana be molested or greived. 

And furthermore of our more ample & espetial favour & out of oui' 
certaine knowledge & meer motion we for ourselves our heires & succes- 
sors doe grant to the foresayd S'' Robert Heath Knight his Heires & As- 
signes full & absolute power and authority of makeing erecting & con- 
stituting within the foresayd province of Carolana & the Isles aforesayd 
soe many or such sea-ports stations of shippes creeks & other places of 
ladeing for shipjjes boats & other vessells & in soe many & in such like 
places & with such rights jurisdictions libertyes & priveledges belonging 
to the like ports as to him or them shall seeme most expedient & that all 
& singular shippes boates & other vessells whatsoever, for whatever cause 
of merchandising comeing to or goeing from the sayd Province shall be 
laded & unladed only at such ports as shall be erected & appointed soe 
bv the savd 8'' Robert Heath his Heires or assignes any use or custome 
or anv other thing notwithstanding. Alwaies saveing & reserveing to 
all our subjects of our Kingdom of England our Heires & successors 
libertv of fishing as well in the sea as in the creeks of the foresayd Prov- 
ince & priveledge to salt harden & drye fishes upon the shores of the 
said province; as it hath been reasonably used & enjoyed heretofore 
anything in these presents to the contrary notwithstanding. All which 
libertves & priveledges the subjects of us our heires & successors as is 
afores'' shall enjoy yet without doeing any notable hurt or injurye in any 
way to the afores'' S'' Robert Heath his heires & assignes or to the Dwell- 
ers or inhabitants on the ports, creeks & shores aforesayd of the same 
Province; & more especiall in their Trees there growing; And if any 



COLONIAL RECORDS. 13 



one committe any .such liarme or injurey lie shall nndergoe the peril & 
danger of the highest displeasure of us our heires & successors & the due 
chastisem' of the Law. And if by chance hereafter some doubts & ques- 
tions may be framed about the true sence & meaning of any word clause 
or sentence contain'd in this our present charter ^ve will, enjoyne & com- 
aTid that alwaies & in all things that iuterjjretation be used & shall be 
received in all our Courtes which shall be judged more benigne profitable 
& favourable to the foresayd S' Robert Heath Knight his Heires & 
assignes & to the Dwellers & inhabitants of the foresayd Province, pro- 
vided alwaies that noe interpretation be made by which the religion of 
the holy God & true christian, or the Allegiance due to us our heires & 
successors may suffer in the least any lessening prejudice or losse. \ev- 
erthelesse we will & our trust in the aforesayd S"" Robert Heath Knight 
his heires & assignes is & the aforesaid S'' Robert Heath Knight for him- 
selfe, his heires executors & assignes doth agree & grant to & with us our 
heires & successors that the sayd S' Robert Heath Knight his heires & 
assignes in the Province & foresayd Isles to be planted & inhabited shall 
soe behave themselves in all things as we by our instructions and direc- 
tions signed with our Royall hand as aforesaid most espetially to instruct 
& direct them, shall thinke most convenient and necessary for our honour 
& service. 

Neverthelesse alwaies provided that it shall happen the River or Riv- 
elett or Isles aforesayd or other the premises or any part or parcell of the 
same to be now granted to any person or persons by us or by our deare 
father King James, or is now actually possessed or inhabited by any of 
our subjects or by the subjects of any other Christain Prince or State, 
that then those our letters patents & all in them conteined, soe farre as the 
conteine soe much of the premises soe granted, and are now s(j actually 
possessed & inhabited as is aforesayd shall be void & of noe effect. These 
our letters patents or an\i;hing in them conteined to the contrary in any 
wise notwithstanding And that expresse mention &c: In witnesse 
whereof &c: Witnesse the King at Westminster the thirtveth dav of 
Oct : '^ V" de privato sigillo And we have thcjught fit by these presents 
to exemplifye the Tenour and inroUment of (jur foresavd letters patents, at 
the request of the foresayd S'' Robert Heath Knight. 

In Testimony whereof we have caused these our letters to be made 
patents witnesse our selfe at Caubury the fourth dav of August in the 
seventh year of oiu- Reign. 

Rob : Rich ] 



Exam : bv us { et V clerckes. 

Jo : Mvchell 



14 COLONIAL RECORDS. 



1638. 

[B. P. K. O. Virginia B. T. Vol. 8. D. 3.] 

THE LORD MATRAVERS PATENT FOR THE COUNTY 

OF NORFOLK &c. IN VIRGINIA 

22d JANUARY 1637-8. 

This Indenture made the two and twentieth of January Anno D"' 
1637 and in the thirteenth yeare of the reigne of our Sovereign Lord 
Charles by the grace of God King of England Scothmd France and Ire- 
hmd Defender of the Faith &e. Between S"" John Harvey Knight Gov- 
ernor for the time being of the Colony of Virginia with the consent of 
the Council of State of the same of the one part and the Right Hon*'' 
Henry Lord IMatravers on the other part, Witnesseth, That whereas it 
hath pleased the King's most excellent Ma"^ by his Royall Letters being- 
date the eleventh day of Aprill in the thirteenth yeare of his Maj^ reigne 
to authorize and command mee the said S"' John Harvey with the said 
Council to assign and set out to the said Henry Lord Matravers and his 
Hevrs lor ever a competent tract of land in the Southern part of tlie 
( Jolony to bear the name of a County and be called the County of Nor- 
folk upon such conditions for the time and manner of planting it as 
shall be found requisite for the generall good of the Colony and with 
such powers & priviledges as may be fit for a person of his quality 
Reserving to his Majesty his heires and successors the yearly rent ol' 
twenty shillings to be paid by the said Lord Matravers. and his heyres 
for the said County Now Know Yee that I the said S"" John Harvey 
Knight Governor and Captain General of Virginia with the consent of 
the said Councill of State by virtue of His Ma" said Royall letters to mee 
and the .said Councill directed And in consideration of the undertaking 
of the said Henry Lord Matravers to transport at his own costs and 
charges and to settle and plant divers inhabitants in the Colony for the 
advancement and generall good of the Plantation Have granted allotted 
assigned and confirmed unto the said Henry Lord Matravers and his 
Heyrs forever a certain territory and tract of land situate lying and 
being on the Southern side of .Tames River in a branch of the said Rivei' 
being called and Known l)y tlic Indian name of Nan.simund river here- 
after to be called Matraxcrs river towards the head of the said Nansa- 
mum River als Matravers river Being bound from that part of Nansa- 
mv.in river alias Matravers river where it divides itself into branches one 
(leuree in Ijongitude on either side of the river and in latitude to the 



COLONIAL RECORDS. 15 



height of thirty five degrees iiorthorly liatitudc by the name aud appel- 
lation of the County of Norfolk And further 1 the s"* S"^ John Harvey 
with the consent of the s"* Council doe grant and agree to and with the 
said Henry Lord Matravers and his heires that when he or they have 
planted and peopled the above mentioned tract of land hereby to him 
and his heires assigned and appointed That then it shall be lawfull for 
him the said Henry Tiord Matravers tii make choice of and enter into and 
have as much more land in Virginia as is herein contained with the same 
and the like privileges to be had and chosen in such place and places 
where no English shall be then settled or inhabited or have made choice 
of and the same granted to them eyther by Patent or Order of Court 
To have and to hold the above mentioned Tract of Land according to the 
lymits and bounds thereof as also all and singular the Lands to be 
chosen as aforesaid with their and every of their appurtenances with all 
mynes as Avell Royall mynes of gold and silver as other mynes and min- 
eralls woods fishings fowlings huntings waters rivers aud all other Profits 
and Commodities and hereditaments whatsoever within the precincts of 
the aforesaid Territory or Tract of Land or to the foresaid Lands to be 
chosen unto the said Henry Lord Matravers and his heirs in as large and 
ample manner as any Grants have heretofore been made to any other 
Adventurers or Undertakers wdiatsoever either by the late Treasure!- & 
Company at any time since To be held of our said Sovereign Lord the 
King his Heirs and Successors as of his Mannor of East Greenwich in 
free and common soccage by fealty aud not in Capite nor by Knight's 
service Yielding and paying xuito our Sovereign Lor<l the King his 
Heyres and successors for ever one fifth part of tlie said Oare of all the 
Mines of gold and silver which shall be found within the lymits of the 
said Tract of Lajid and County of Norfolk aud the Lands to be chosen 
and taken up as aforesaid And likewise yielding & paying unto our said 
Sovereign Lord the King his Heyres and Successors for the said Countv 
of Norfolk the yearly rent of t^venty shillings at the Feast of St. 
Michael the Archangell unto the hands of his Maj. Treasurer for 
Virginia to beginn after the expiration of the first seven years after 
the date hereof And further it shall lie lawfull to and for the said 
Henry Lord Matravers or his Heyrs him or their Tenants and Servants 
and such as he or they shall contract with and employ for the said Countv 
to go and returne trade and traffick with the Natives or otherwise within 
the lymits of the Colony. Also to import and transport their goods and 
merchandises at their wall and pleasure paying only such duties to the 
Kings Majesty his Hevrs & Successors as the late Treasurer and Companv 
did or ought to have payd viz : Five Pound? '^ Centum for all imported 



16 COLONIAL RECORDS. 



gotxls and Five Pfnuids "-^ Centum for all exported goods without any 
other taxes impositions burdens or restraints upon them to he imposed 
otherwise than bv the Grant or Consent l)v Grand Assembly of the Gen- 
eral Colony of Virginia and for the public necessary service tliereof 
And it is further Granted and agreed that the persons so to be transported 
shall not be taken away nor commanded eyther by the Governor for the 
time being of Virginia or any other Authority therefrom the business 
and emploiment of the said Henry Lord Matravers or his Heyi's and 
others contracted with and employed as aforesaid ujion any pretence what- 
soever (necessarv defence of the Country, preservation of the peace, sup- 
pressing tumults arising within the Land and tryals in matters of justice 
in Criminal cases of life and death or in civil case by appeale onely ex- 
cepted) And I the said S'' John Harvey \\ith the consent of the Coun- 
cill aforesaid doe further agree to and with the said Henry Lord Matra- 
vers and his Heyrs that it shall be lawfull to and for the said Henry 
Ijord Matravers or his Heyrs to make and ordaine such Officers & Com- 
manders Also to name and to frame such Orders Ordinances and Con- 
stitutions from time to time for the rule and government ordering & 
directing of all persons to be transported & settled within the said County 
So that the said Orders Ordinances & Constitutions be not repugnant to 
the Laws of England or t<:) the particular I.iaws of the Colony or to such 
Orders & Instructions as shall be from time to time directed from the 
King's Majesty or from the Lords of his Most Hon'''' Privy Councill to 
the Governor & Councill in Virginia (ordinary apjieals to th<' Court at 
James T'itv held by the Governor & Council onely excepted) And the 
said Hcnrv Lord Matravers for him and his heyrs doth Covenant and 
promise to and with the said ( rovernor and Councill that he or they shall 
and will within the time or tearme of seaven years from the date hereof 
plant and secure with a sufficient strength of people the said (Jounty of 
Norfolk herein by these presents granted. And further that the said 
Henry Lord Matravers or his heyrs shall from time to time during the 
said seaven yeares make or cause to be made a true Certificate to the Gov- 
ernor and Councill in Virginia for the time being of every person trans- 
ported and landed in Virginia or shipped for Virginia and dying before 
arrival to be entered by his INIaj. Secretary in Virginia in the Court Rolls 
kept at James City In witnesse whereof the said S' .John Harvey Knight 
Governor have to the (uie part of these present Indentures sett his hand 
and the Seale of the Colony and to the other part thereof the said Henry 
Lord ^latravers Itath sett to his hand and seale 

Rich: Kemp. JOHN HARVEY. 

■ Secretary- ... 



rOLOXTAT. TIECORDS. 17 



1643. 

[Hening's Virc4Inia Htatutks at Large— Makc:h, \M'S — Vol. 1, i'. 262.] 

FFOK ut^ much as WaltiT Austin, liicc Hof, Joscpli Johnson and Wal- 
ler Chiles foi' themselves and sneh otliers as they sh.all think titt to jovn 
with them, did petition in the Assembly in June 1641 for leave and 
encouragement to undertake the discovery of a new river or imknown 
land bearing west southerly from Appomattakc river. Be it enacted and 
confirmed that they and every of them and whom tliey admitt shall enjoy 
and possess to them their heires, executors or administrators or assigns 
all jirofitt whatsoever they in their particular adventure can make unt(» 
tliemselves by such discovery aforesaid, for fourteen years after the date 
of the said month January 1641, Provided there be reserved and paid 
luito his majest^ use by them that shall be appointed to receive the .same, 
the fifth part Royall Mines whatsoever. Provided also, that if they shall 
think fitt to employ more than two or three men in the said discover}' 
that thev shall then do it l>v conHnission from the Governour and Coun.sell 



1653. 

[Hening's Virginia Statute:? at Large — July, leioS — Voiy. 1, p. .380.] 

VPON the petition of Roger Green, clarke, on the behalte of him.selfe, 
and inhabitants of Nansemund river, It is ordered by this present Grand 
Assembly than tenn thousand acres of land be granted unto one hinidred 
such persons who shall first seate on Moratnek or Roanoke river and the 
land lying upon the south side of Choan river and the branches thereof, 
Provided that such .seaters settle advantageously for security, and be suf- 
ficiently furnished with amunition and strength, and it is further ordered 
by the authority aforesaid, That there be granted to the .said Roger Green, 
the rights of one thousand acres of land and choice to take the same 
where it shall .seem most convenient to him, next to those persons who 
have had a former grant in reward of his charge, hazard and trouble of 
first discoverie, and encouragement of others for seating those southern 
parts of Virginia. 





18 COLONIAL RECORDS. 



1654. 

[Thitkloe's State Papers, Vol. II, p. 273. Kkprinteu fkojM 
Hawks's History of N. C] 



LETTER FROM MR. FRANCIS YARDLEY TO JOHN 
FARRAR, ESQ. 

tSir: — ViKulNlA, JiiXNEHAVEN, Xtli May, 1654. 

:^ ;|; :>: ;): :;; :;-: H^ ^; ;■; :ii ^ ^ :•; :iJ ^ ;^ ^ 

In September la.st, a young- man, a trader for beavers, being bound out 
to the adjacent part.s to trade, by accident lii,s .sloop left him ; and he, sup- 
posing she had been gone to Roanoke, hired a small boat, and, with one of 
his company left with him, came to crave my licen.se to go to look aft«r 
his sloop, and sought some relief of provisions of me; the which grant- 
ing, he set forth with three more in company, one being of my family, 
the others vvei'e my neighbors. They entered in at Caratoke, ten leagues 
to the southward of Cape Henry, and so went to Rhoanoke Island ; where, 
or near thereal)outs they found the great Commander of those parts with 
his Indians a-hunting, who received them civilly, and showed them the 
ruins of Sir Walter Raleigh's tort, from whence I received a sure token of 
their being there. * * * * * *****=!= ********* * 
Immediately I dispatched imuy a boat with six hands, one being a car- 
penter, to build the King an English house, my promise, at his coming 
first, being to comply in that matter. I sent £"200 .sterling in ti'u.st to 
purchase and pay for what land they should like, the which in little time 
they etfecttnl and purchased, and paid tor three great rivers, and also all 
such others as they should like of, southerly ; and in .solemn manner took 
possession of the country, in the name, and on the l)ehalf of the Common- 
wealth of England; and actual possession was solemnly given to them 
by tlie great Commander, and all the great men of the re.st of the prov- 
inces, in delivering them a turf of the earth with an arrow .<hot into it; 
and so the Indians totally left the lands and rivers to us, retiring to a 
new habitation, where our people built the great Commander a tiiir house, 
the which I am to furnish with English utensils and chattels. 

Sir, if you think got)d to acquaint the States with what is done by two 
^"irginians born, you will honor our country. I have at this instant no 
present worthy your acceptance, but an arroAA- that came from the Indians 



COLOiMAI. in^X'ORDS. 19 



inhabiting on the .South Swi, tlic which we puriiosi', (iod willing, to see 
this snnmuT, )iov obstante pericii/o. 

I humbly take leave, and ever remain, Sir, 

Vour true honorer and affectionate 

Servant to be eommanded, 

FRANCIS YARDLEY. 
For the worshipful John Farrae, Est^., 
at his Manor of Little Gidding, in 
Huntingdonshire. 



1662. 

[Reoords of Pkrquimans County, Book A, No. 374.] 

Know All men bv these presents that I, Kileaeenen, King of Yeopim 
have for a valeiable consideration of .-;atisfiiction receivetl with the con- 
sent of my people sold, and made over and to ( Jcorge Durant a Parcel) 
of land lying and being on Roneoke Sound and on a River called by tlie 
name of Perquimans which. Issueth out of the North Side of the afore- 
said Sound which Land at present beai's the name of Wecocomicke, 
begining at a mai'kcd Oak Tree, which divides this land from the land 
I formily sold to Saml Prickiove and extending westerly up the said 
Sound to a Point or Turning of the aforesaid Penpiimans River and so 
u}) the eastward side of the said River to a creek called l)v the name of 
Awoseake, to-wit ; — All the Land betwixt the aforesaid Bounds of Sam- 
uel Prickiove and the said Creek; thence to the Head tliereof And 
thence through the \^^oods to the first Bounds. 

To have and to hold the tpiiet possession of the same to him and his 
heirs forever, with All Rights and Privi ledges thereunto forever from me 
or any Person or Persons \vhatH)evcr. .Vs witness mv hand this hrst dav 
of March 1661.— 
Test : Tho. Weajioitii 
Calrr Cat.t.f.wa y. 

Tlie mark nC 

t 

KILCOCANEN 
OR KISTOTANEX 



20 COLONIAL RECORDS. 



1663. 

[Records of Perquimans County, Book A, No. 376.] 

Whereas George Durant Hath Seated a Pkiiitation on Roanoke Sonnd 
and on a point called by the name of Wicoeombe at, or between two 
Rivers called by y' name of Perquinianis and Katoline and whereas I, 
George C'atchming have obtained a grant of the Honerable Governor of 
Virginia for the whole Neck betwixt the two Rivers y^ which grant was 
a part Belonging to the said George Durant be it known tlierefore unto 
all men by these Presents I the said George Catchmang do assign, make 
over and deliver untci him the above named George Durant that Parcell 
of land lying and being on y* same Neck, Begining at a small creek or 
Branch which issueth out of Perquimans River which divideth this land 
from the Neck called Langley's Neck extending down y'* said River 
Sound to a small Piece of Ground where y' said Durant did begin to 
clear but desisted. As also including y' same small piece of ground to 
y" eastward of his Plantation thence Northerly into the \\'oods which 
land I do engage myself my heirs, executors, administrators and assigns 
to Pattyn y*^ said & to make over the same being Patyned to him his 
heirs, exe<'Utors, administrators & assigns utterly disclaiming any right, 
title ct interest I, the said Catchmang have to y" same although it may 
be put into my Pattyn. I Witness wliereof I have hereunto set my 

hand this l?,th dav of March 10fi2. 

GEORGE CATCHMANY. 
Witness : 

John Jenkins 
Edw.\rd Remington. 



[Reprinted from Reviskd Stati'tes of North ('aroltna, Vol. II, Page 437.] 



THE FIRST CHARTER GRANTED BY KING CHARLES 

THE SECO.XI). TO THE LORDS PROPRIETORS 

OF ( AHOLINA. 

Charles the Second, by tlie grace of (xod, king of England, Scot- 
land, France and Ireland, Defender of the Faith, &v., To all to mIioui 
these present shall come: Greeting: 

1st. M'hercas our right trusty, and right well beloved cousins and coun- 
sellors, Edward Earl of Clarendtni, our liioli chancellor of England, and 



COLONIAL KKdOKRS. 21 



Georgt' Duke oi' AllK'nuirlc, master of our horse and eaptain general of 
all our forces, our right trusty and well heloved William Lord Craven, 
.John Lord Berkley, our right trusty and well heloved counsellor, 
Anthony Tjord Ashley, chancellor of our cxcliequer, Sir George Carteret, 
knight and haronet, vie<' chamberlain of t)ur household, and our trusty 
and well beloved Sir \\'illiani Berkley, knight, and Sir John Colleton, 
knight and baronet, being excited with a laudable and pious zeal for the 
propagation of the Christian faith, and the enlargement of our empire 
and dominions, have humbly besought leave of us, by their inditstry and 
charge, to transport and make an ample colony of our subjects, natives 
of our kingdom of P]ngland, and elsewhere within our dominions, unto a 
certain country hereafter described, in the parts of Amerit-a not yet cul- 
tivated or planted, and only inhabited by some barbarous people mIio 
have no knowledge of Almighty God. 

2d. And whereas the said Edward Earl of Clarendon, George Duke 
of Albemarle, William Lord Cra^'en, John Lord Berkley, Anthony Lord 
Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colle- 
ton, have humbly besought us to give, grant and confirm unt(_) them and 
their heirs, the said country, with priviledges and jurisdictions requisite 
for the good government and safety thereof: Know ye, therefore, that 
we, favouring the pious and noble purpose of the said Edward Earl of 
Clarendon, (ieorge Duke of Albemarle, William Lord Craven, John 
Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William 
Berkley, and Sir John Colleton, of our special grace, certain knowledge 
and meer motion, have given, granted and confirmed, and by tin's oiu- 
present charter, for us, our heirs and successors, do give, grant and con- 
firm to the said Edward Earl of Clarendon, George Duke of Albe- 
marle, William Lord Craven, John Lord Berkley, Anthony Lord Ash- 
ley, Sir George Carteret, Sir William Berkley, and Sii- John Colleton, 
their heirs and assigns, all that territory or tract of ground, scituate, 
lying and being within our dominions of America, extending from the 
north end of the island caUcd I^nckc island, which lieth in the southern 
ATrginia seas, and within six and thirty degrees of the northern latitude, 
and to the west as far as the south seas, and so southerly as far as the rivei' 
St Matthias, which bordereth upon the coast of Florida, and within one 
and thirty degrees of northern latitude, and so west in a direct line as 
far as the south seas aforesaid; together witii all and singular ])orts, har- 
bours, l)ays, rivers, isles and islets belonging to the country aforesaid ; 
and also all the soil, lands, fields, woods, mountains, fields, lakes, rivers, 
bavs and islets, scituate or beino' within tiie Ixiunds or limits aforesaid, 



24 COLOKrAL RECORDS. 



ity of the uffciicc roijiiirus it, by taking awjiy lucmlx'V anil lito, (.ither by 
them, the said E^dward Earl of Clarendon, George Duke of Albemarle, 
William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir 
George Cai-teret, Sir William Berkley and Sir John Colleton, and their 
heirs, or by them or their dej>nties, lieutenants, judges, justices, magis- 
trates, offieers and members to be ordained or appointed aceordiug to the 
tenor and true intention of these presents; and likewise to appoint and 
establish any judges or justices, magistrates or officers whatsoever, within 
the said province, at sea or laud, in such manner and form as unto the 
said Edward Earl of Clarendon, George Duke of Albemarle, William 
Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George 
Carteret, Sir William Berkley, and Sir John Colleton and their heirs 
shall seem most convenient ; also, to remit, release, pardon and abolish 
(whether before judgment or after) all crimes and oifences whatsoever, 
against the said laws, and to do all antl e\ery other thing and things, 
which unto the compleat establishment of justice unto courts, sessions, 
and forms of judicature and manners (tf proceedings therein do belong, 
although in these presents express mention be not made thereof; and by 
judges and by him or them delegated, to a\vard process, hold pleas, and 
determine in all the said courts, and places of judicature, all actions, suits 
and causes whatsoever, as well criminal or civil, real, mixt, personal, or 
of any other kind or nature whatsoever; M'hich laws, so as afoi'esaid 
to be published, our pleasure* is, and we do require, enjoin and com- 
mand, shall be absolute, firm and available in Jaw, and that all the liege 
people of us, our heirs and successors, within the said province of Caro- 
lina, do observe and keep the same inviolably in those parts, so far as 
they concern them, under the pains antl penalties tliereiu expressed, or to 
be expressed : Provkhd nevertheless, ihut the saiil laws be consonant to 
reason, and as near as may be conveniently, agreeable to the laws and 
customs of this our kingdom of England. 

0th. And because such assemblies of freeholders canni>t be so con- 
veniently called, as there may l)e occasion to rci[uire the saJiie, we do, 
therefore, by these presents, give and grant unto tiie ^aid Edward Va\v\ 
of Clarendon, George Duke of Albemarle, William Lord Craven, John 
Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir A\'illiain 
Berkley, and Sir Jolui (olletou, tJieir heirs and assigns, i)y themselves 
or their magistrates, in that l)ehalf hiwfnlly anthoi'izeti, fnll |)ower and 
authority, from lime to time to make and ordain fit and wholesome 
orders and ordinances, within the province aforesaid, to be kept and 
obsei'ved as well tor the keeping of the peace, as for the better govern- 



rOT.OXTAT. RECORDS. 25 



inent of the j)foj)l(' tlioiv iihidin^', ;ui(l tn juiUlisli tlu' same to all towlimn 
it may coiK't'rn ; wliicli oRliiiances, we do hy tiu'sc presents streightly 
charge and command to l»e inviohihly observed within tlic said province, 
under the penalties therein expressed, so as such ordinances he reason- 
able, and not repugnant or contrary, but as near as may be, agreeable to 
the laws and statutes of this our kingdom of England, and so as the 
same ordinances do not extend to the binding, charging, or taking away 
of the right or interest of any nerson or persons, in their freehold, goods 
or chattels whatsoever. 

7th. And to the end the said province may be the more happily 
increased, by the multitude of people resorting thither, and may like- 
wise be the more strongly defended from the incursions of salvages and 
other enemies, pirates and robbers, theretbre Me, for us, our heirs and 
successors, do give and gi'ant by these presents, poAver, license and liberty 
unto all the liege people of us, our heirs and successors in our kingdom 
of England or elsewhei'e, within any other our dominions, islands, col- 
onies or plantations, (excepting those who shffll)eesper4ally4<;'^''5i<^<^6n,) 
to transport themselves and families unto the said province, with con- 
venient shipping and fitting provisions, and there to settle themselves, 
dwell and inhabit, any law, statute, act, ordinance, or other thing to the 
contrary in any wise notwithstanding. And we will also, and of our 
more special grace, for us, our heirs and successors, do streightly enjoin, 
ordain, constitute and command, that the said province of Carolina, shall 
be of our allegiance, and that all and singular the subjects and liege 
people of us, our heirs and successors, transported or to be transported 
into the said province, and the children (jf them and of such as shall 
descend from them, there born or hereafter to be born, be and shall be 
denizous and lieges of us, our heirs and successors of this our kingdom 
of England, and be in all things held, treated, and reputed as the liege 
faithful people of us, our heirs and successors, born within this our said 
kingdom, or any other of our dominions, and may inherit or otherwise 
purchase and receive, take, hold, buy and possess any lauds, tenements or 
hereditaments within the same places, and them may occupy, possess and 
enjov, give, sell, aliene and bequeathe ; as likewise all liberties, fran- 
chises and priviledges of this our kingdom of England, and of other our 
dominions aforesaid, and may freely and quietly have, possess and enjoy, 
as our liege people born within the same, without the least molestation, 
vexation, trouble or grievance of us, our heirs and successors, any statute, 
act, ordinance, or provision to the contrary notwithstanding. 



24 COLOXTAL EECORDS. 



ity ol the uli'eiu't' rcijiiircs it, hy takiiiu' away mciiilicr and life, either by 
them, the said E^dward Earl of Clarendon, George Duke of Alljemarle, 
William Lord Ci'aven, John Lord Berkley, Anthony Lord Ashley, Sir 
George Carteret, Sir William Berkley and Sir John Colleton, and their 
heirs, or by them or their deputies, lieuteniants, judges, jnstiees, magis- 
trates, officers and members to be ordained or a[)])oint(^d accoi-ding to thi' 
tenor and true intention of these presents; and likewise to a])pt)int and 
establish any Judges or justices, magistrates or officers whatsoever, within 
the said province, at sea or land, in such manner and form as unto the 
said Edward Earl of Clarendon, George Duke of Albemarle, William 
Lord Craven, John Lord Berkley, Antliony Lord Ashley, Sir George 
Carteret, Sir William Berkley, and Sir John Colleton and their heirs 
shall seem UKjst t-onvenient ; also, to remit, releiise, pardon and abolish 
(whether before judgment or after) all crimes and offences ^\•hatsoever, 
against the said laws, and t(j do all and every other thing and things, 
which unto the compleat establishment of justice unto courts, sessions, 
and forms of judicature ami manners of ])roceedings therein do belong, 
although in these presents express mention be not made thereof; and by 
judges and by him or them delegated, to award j)rocess, hold pleas, and 
determine in all the said courts, and places of judicature, all actions, suits 
and causes whatsoever, as well criminal or civil, real, mixt, personal, or 
(if an\" other kind or nature whatsoever ; Mhich kiA\s, so as atbresaid 
to be published, our pleasun* is, and ^^c do require, enjoin and com- 
mand, shall be absolute, iirm and available in law, and that all the liege 
people of us, our heirs and successors, within the said province of Caro- 
lina, (1(1 ol)serve and keep the same inviolably in those |)aits, so far as 
thev concern them, under the pains antl jienalties therein expressed, or to 
be expressed: Provifled nerertheleux, {\\i\X the said laws be consonant to 
reason, and as neiu* as may lie conveniently, agreeable to the laws and 
customs of this our kingdom of Engliuid. 

6th. And because such assemblies of freeholders cannot be so con- 
veniently called, as there may l)e occasion to re(|uire tlie same, we do, 
therefore, bv these presents, give and grant unto the -aid Kdward Vaw] 
of Claren(hin, ( ieorge Duke of All)en\arle, William Lord Craven, -lolni 
Lord Bei'klev, Anthony Tiord Ashley, Sir George Carteret, Sir William 
Berklev, and Sir John ( 'olletou, theii' heirs and a.-.signs, by themselves 
ol' their magistrates, in that iiehalf lawfully antliorized, full power and 
authoritv, from time to time lo make and ordain til and wholesome 
orders and ordinances, within the province aforesaid, to be kept and 
observed as well for the keeping of the peace, as for the better govern- 



rOTvOXTAT. RECORPS. 25 



ment of tlio }»t'()])U' t\u'\v nhidiiiii-, iiiid to |Hil)lisli the same to all towlioui 
it may coiu'erii ; wliidi ordiiiaiices, we do hy tlicsc pi't'sents strei,i;:litly 
charge and coimuaiid to he inviolably obsci-vt'd within the said province, 
under the [)enalties therein expressed, so as such ordinances l)e reason- 
able, and not repugnant or contrary, l)ut as near as inay be, agreeable to 
the laws and statutes of this our kingdom of England, and so as the 
same ordinances do not extend to the binding, charging, or taking away 
of the right or interest of any person or ])ersons, in their freelxjld, goods 
or chattels whatsoever. 

7th. And to the end the said })rovince niuy be the more happily 
increased, by the multitude of people resorting thither, and may like- 
wise be the more strongly defended frou) the incursions of salvages and 
other enemies, pirates and robbers, therefore we, tor us, our heirs and 
successors, do give and grant by these jn-esents, power, license and liberty 
unto all the liege people of us, our heirs and successors in our kingdom 
of England or elsewhere, within tiny other our dominions, islands, col- 
onies or plantations, (excepting those who shall be~espmally_Jt()r]3idden,) 
to transport themselves and families unto the said province, \Aith con- 
venient shipping and fitting provisions, and there to settle themselves, 
dwell and inhabit, any law, statute, act, ordinance, or other thing to the 
contrary in any wise notwithstanding. And we will also, and of our 
more special grace, for us, our heirs and successors, do streightly enjoin, 
ordain, constitute and command, that the said province of Carolina, shall 
be of our allegiance, and that all and singular the subjects and liege 
people of us, our heirs and success(jrs, transported or to be transported 
into the said province, and the children of them and of such as shall 
descend from them, there born or hereafter to be born, be and shall be 
denizons and lieges of us, our heirs and successors of this our kingdom 
of England, and be in all things held, treated, and reputed as the liege 
faithful people of us, our heirs and successors, born within this our said 
kingdom, or any other of our dominions, and may inherit or otherwise 
purchase and receive, take, hold, buy and possess any lands, tenements or 
hereditaments within the same places, and them may occupy, possess and 
enjoy, give, sell, aliene and Ijeqneathe ; as likcM'ise all liberties, fran- 
chises and priviledges of this our kingdom of England, and of other our 
dominions aforesaid, and may freely and quietly have, possess and enjoy, 
as our liege people born within the same, without the least molestation, 
vexation, trouble or grievance of us, onr heirs and successors, any statute, 
act, ordinance, or provision to the contrary notwithstanding. 



26 COLOXIAL RECORDS. 



8th. And rurtht'nuore, that our i^uhjccts of thi;^ our said kingdom of 
England, and other our dominions, may be the ratlier encouraged to 
undertake this expedition witli ready and chearful minds, know ye, that 
we of our special grace, certain knowledge, and meer motion, do give 
and grant by virtue of these presents, as Avell to the said Edward Earl of 
Clarendon, George Duke of Albemai'le, William I^ord Craven, John 
Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William 
Berkley, and Sir John Colleton, and their heirs, as unto all others as 
shall from time to time repair unto the said province, \v\t\\ a jiurposc to 
inhabit there, or to trade with the natives of the said pr(.)vince, full lil)- 
erty and license to lade and freight in any poi't whatsoever, of us, our 
heirs and successors, and into the said province (jf Carolina, by them, 
their servants or assigns, to transport all and singular their goods, wares 
and merchandises, as likewise all sorts of grain whatsoever, and any other 
things whatsoever, necessary for the food and clothing, not prohibited by 
the laws and statutes of our kingdoms and* dominions, to be carried out 
of the same, without any let or molestation of us, our heirs and succes- 
sors, or of any other of our officers, or ministers whatsoever, saving also 
to us, our heirs and successors, the customs and other duties and pay- 
ments, due for the said wares and merchandises, according to the several 
rates of the places from whence the same shall be transported. We will 
also, and by these presents, for us, our heirs and successors, do give and 
grant license by this our charter, inito the said Edward Earl of Claren- 
don, George Duke ofWlbemarle, William Lord Craven, John Lord Berk- 
ley, Anthony Lord Ashley, Sir George Carteret, Sir ^A'illiam Berkley, 
and Sir John Colleton, their heirs and assigns, and to all the inhabitants 
and dwellers in the province aforesaid, both present and to come, full 
power and absolute authority to import or unlade by themselves or their 
servants, factors or assigns, all merchaiKhses and goods whatsoever, that 
shall arise of the fruits and connuodities of the said province, either by 
land or by sea, into any of the ports of us, our heirs and successors, in our 
kingdom of England, Scotland or L'eland, or otherwise to dispose of the 
said goods, in the said ports; and if need be, within one year next attei- 
the unlading, to lade the said merchandises and goods again into the same 
or other ships, and to export the same into any other coinitries either of 
our dominions, or foreign, being in amity with us, our heirs and succes- 
sors, so as they pay such customs, subsidies, and other duties for the same, 
to us, our heirs and successors, as the rest of our subje(>ts of this our king- 
dom, for the time being, shall be bound to pay, beyond which we will 
not, that the inhabitants of the said |)rovince of ('ai'olina. shall he any 
ways charged. 



COLONIAL RECORDS. 27 



9th. I'lvcidcd iicrcrfhr/cxx, imd oui' will and pleasure is, and we have 
further for the consideration aforesaid, of our more esj)eeial grace, certain 
knowledge and lueer motion, given and granted, and hv these presents, 
for us our heirs and successors, do give and grant unto the said Edward 
Earl of Clai-endon, George Duke of Alhemarle, William Lord Craven, 
John Lord Bi'rklcy, Anthony Lord Ashley, Sir (xcoi-ge Carteret, Sir 
William Berkley and Sir John Colleton, their heirs and assigns, full and 
free license, liberty and authority, at any time or times, from and after 
the feast of St Michael the archangel, which shall be in the year of our 
Lord Christ, one thousand six hundred sixty and seven, as well to import, 
and bring into any of our dominions from the said province of Carolina, 
or any part thereof, the sevei-al goods and commodities, hereinafter men- 
tioned, that is to say, silks, wines, currants, raisins, capers, wax, almonds, 
oyl and olives, without paying or answering to us, our heirs or successors, 
any custom, import, or other duty, for and in respect thereof, for and 
during the term and space of seven years, to commence and be accompted, 
from and after the first importation of four tons of any the said goods, 
in any one bottom, ship or vessel from the said province, into any of our 
dominions, as also to export and carry out of any of our dominions, into 
the said province of Carolina, custom free, all sorts of tools which shall 
be uscfull or necessary for the planters there, in the acconnnodation and 
improvement of the ])i'cniises, :uiy thing before, in these presents con- 
tained, or any law, act, statute, prohibition or otiier matter, or anv thing 
heretofore had, made, enacted or provided, or hereafter to l)e had, niade,^ 
enacted or pi-ovided, to the contrary, in any wise notwithstanding. 

10th. And furtlierinore, of our own ample and especial grace, certain 
knowledge and meer motion, we do for us, our heirs and successors, grant 
unto the said Edward Eai-1 of Clarendon, George Duke of Albemarle, 
^^^illiam Tvord Craven, John Lord Bei'kley, Anthony Jjord Ashley, Sir 
George Carteret, Sir AVilliam Berkley and Sir John Colleton, their heii's 
and assigns, full and absolute power and authority, to make, erect and 
constitute, within the said j)rovince of Carolina, and the isles and islets 
aforesaid, such and so many seaports, harbours, creeks and other jtlaces, 
for discharge and unlading of goods and merchandises, out of sliips, boats 
and otlier vessels, and for lading of them, in such and so mauv places, 
and with such jurisdiction, priviledges and franchises unto the said ports 
l)eionging, as to them shall seem most expedient, and that all and singu- 
lar the ships, boats and other vessels, which shall come for merchandises 
and trade into the said ]n-ovince, or shall depart out of the same, shall be 
laden and unladen at such ports onlv, as shall be er(^cted and constituted 



28 C'OLONIAI. RECORDS. 



by the said Edward Earl of Clarendon, George Dnke of Albemarle, 
William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir 
George Carteret, Sir William Berkley, and Sir John Colleton, their heirs 
and assigns, and not elsewhere, any use, custom or any other thing to the 
contrary, in any wise notwithstanding. 

11th. And wc do furthermore will, appoint and ordain, and by these 
presents for us, our heirs and successors, do grant unto the said Edward 
Earl of Clarendon, George Duke of Albemarle, William Lord Craven, 
John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir 
William Berkley and Sir John Colleton, their heirs and assigns, that 
they the said Edwai'd Earl of Clarendon, George Duke of Albemarle, 
William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir 
George Carteret, Sir A\'illiam Berkley and Sir John Colleton, their heirs 
and assigns, may from time to time forever, have and enjoy, the customs 
and subsidies in the ports, harbours, creeks and other places within the 
province aforesaid, payable for goods, merchandise and wares, there laded 
or to be laded, oi' unladed, the said customs to be reasonably assessed, 
upon any occasion, l)y themselves, and by and with the consent of the 
free people there, or the greater part of them as aforesaid; to \\'hom we 
give p(nver l>v these jDrcscnts, for us, our lieirs and successors, upon just 
cause and in a due proportion, to assess and impose the same. 

12th. And further, of our special grace, certain knowledge, and meer 
motion, we have given, granted and confirmed, and by these presents, for 
us, our heirs and successors, do give, grant and confirm unto the said 
Edward Earl of Clarendon, George Duke of Albemarle, William Ijord 
Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, 
Sir William Berkley, and Sir John Colleton, their heirs and assigns, full 
and absolute license, power and authority, that the said Edward Earl of 
Clarendon, George Duke of Albemarle, William Lord Craven, John 
Lord Berklev, Anthony Lonl Ashley, Sir (jeorge Carteret, Sir William 
Berklev, Sir John Colleton, their lieirs and assigns, from time to time, 
hereafter, fi)rcver, at his and their will and pleasure, may assign, alien, 
grant, demise, or enfeof the premises, or any part or parcels thereof, to 
him or them that shall be willing to purchase the same, and to such per- 
son or persons as they shall think fit, to have and to hold, to them the 
said person or persons, thcii" heirs or assigns, in fee simple or fee tayle; 
or for tei-m for life, or lives, or years, to be held of them, the said Ed- 
ward Earl of Clarendon, George Duke of Albemarle, William Ivord 
Craven, John Lt)rd Berkley, Anthony Lord Ashley, Sir George Carteret, 
Sir William Berklev and Sir John CV)lleton, their heirs and assigns, by 



COLONIAL IIKCORDfS. 



such rents, si-rvii-fs aixl customs, as shall seem meet to the said Edward 
Earl of Clareiuloii, (rcorov DiiUc oi" Albemarle, William Lord Craven, 
John Lord Berkli'v, Anthony Lord Ashley, Sir Georo'e ( "arteret, Sir 
William Berkley, and Sir dohn Colleton, their heirs and assi<rns, and 
not iiiunediately of us, our heirs antl suecesscn's, and to the same person 
and persons, and to all and every of them, we do give and grant by these 
presents, for us our heirs and suceessors, license, authority and power, 
that such person or persons, may hiwe or take the premises, or any par- 
eel thereof^ of the said Edward ICarl oi' Clarendon, George Duke of 
Albemarle, William Lord Craven, John T^ord Berkley, Anthony Lord 
Ashley, Sir George Carteret, Sir AVilliara Berkley and Sir John Colleton, 
their heirs and assigns, and the same to hold, to themselves, their heirs 
or assigns, in what estate of inheritance whatsoever, in fee simple, or fee 
tayle, or otherwise, as to them and the said Edward Earl of Clarendon, 
George Duke of Albemarle, ^A'illiam I^ord Craven, John Lord Berkley, 
Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and 
Sir John Colleton, their heirs and assigns, shall seem expedient ; the 
statute made in the parliament of Edward, son of King Henry, hereto- 
fore king of England, our predecessor, c(jmm<jnly called the statute* of 
^'quia emptorex terra rum;''' or any other statute, act, ordinance, use, law, 
custom or any other matter, cause or thing heretofore |)ublislied, or pro- 
vided to the contrary, in any wise notwithstanding. 

13th. And because many pers(ms born, or iidiabiting in the said pro- 
vince for their deserts and services, may expect and l)e capable of marks 
of honor and favor, which, in respect of the great distance, cannot be 
conveniently conferred by us ; our will and pleasure therefore is, and we 
do by these presents, give and grant unto the said Edward f^arl of Cla- 
rendon, George Duke of Albemarle, ^Villiam Lord Craven, John Lord 
Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berk- 
ley, and Sir John Colleton, their heirs and assigns, full power and 
auth(^rity, to give and confer, unto and upon, such of the inhal)itants of 
the said province, as they shall think do or shall merit the same, such 
marks of favour and titles of honour as they shall think fit, so as these 
titles of honour l)e not the same as arc enjoyed l)y,or cnnferred npon any 
the subjects of this our kingdom of England. 

14th. And further also, we do by these presents, for us, our heirs and 
successors, give and grant license to them, the said Edward Earl of Cla- 
rendon, (tcorge Duke of Albemarle, William liord Craven, John Lord 
Berkley, Anthony T^ord Ashley, Sir George Carteret, Sir William Berk- 

*18 Ed. 1. West, a c. 1 p. 45. 



:iO COLONIAL KECORDS. 



lev, and Sir John Colleton, tlieii- heirs and iissitiiis, full power, liberty 
and lieense to erect, raise and build within the said province and places 
aforesaid, or any part or parts thereof, such and so many forts, fortresses, 
castles, cities, buronglis, towns, villao'es and other fortifications whatsoever, 
and the same or any of them to fortify and furnish with ordinance, pow- 
der, shot, armory, and all other weapons, ammunition, habilements of 
war, both offensive and defensive, as shall be thought fit and convenient 
for the safety and welfare of the said province and places, or any part 
thereof, and the same, or any of them from time to time, as occasion shall 
require, to dismantle, disfurnish, demolish and pull down, and also to 
j)lace, constitute and appoint in and over all or any of the castles, forts, 
fortifications, cities, towns and places aforesaid, governors, deputy gover- 
nors, magistrates, sheriffs and other officers, civil and military, as to them 
shall seem meet, and to the said cities, buroughs, towns, villages, or any 
other place or places witliin the said province, to grant "letters or char- 
ters of incorporation," with all liberties, franchises and jti'iviledges, requi- 
site and usefull, or to or within any corporations, within tliis our king- 
dom of England, granted or belonging; and in the same cities, buroughs, 
towns, and other places, to constitute, erect and appoint such and so many 
markets, marts and fairs, as shall in that behalf be thought fit and neces- 
sary; and further also to erect and make in tlie province aforesaid, or 
anv part tiiereof, so manv inannors as to them shall seem meet and con- 
venient, and in every oi' the said mannors to have and to hold a court 
baron, with all things whatsoever wliicli to a court baron do belong, and 
to have and to hold views of "frank pledge" and "court leet," for the 
t'onservation of tiie peace and JH-tter government of those parts, within 
such limits, jurisdictions and precincts, as by the said Edward Earl of 
Clarendon, George Duke of Albemarle, William Loi-d Craven, John 
Ijord Berkley, Anthony Lord Ashley, Sii- George Carteret, Sir William 
lierklev, and Sir ,lohn Colleton, or their heirs, shall be appointed forthat 
})urj)ose, with all things whatsoever, whicli to a coui't leet, or view of 
f'laidc pledge do l)el(mg, the said court to be holden l)y stt-wards, to be 
(leputtHl and authorized by the said Edward Earl of Clarendon, dleorge 
Duke of Albemarle, William Lord Craven, John Lord Berkley, An- 
tliony Ijord Ashley, Sir (ieorge Carteret, Sir William Berkley, and Sii' 
John Colleton, or their heirs, or by the lords of other mamiors and leets, 
for the time being, when tlie same shall be erected. 

loth. And because that in so remote a country, and scituate among so 
many barbarous nations, and the invasions as well of salvages as of other 
enemies, ]Mrates and robbers, may probably be feared; therefore Ave have 



COLONIAL RECORDS. 31 



given, and lor us, our lu'irs and succosors, do jiivc jtowcr, l)v these pres- 
ents, unto the said Edward, Earl of ( 'larcudou, (Jcorge Duke of Albe- 
marle, William Lord Craven, -loliu Lord Berkley, Anthony Txtrd Ash- 
ley, Sir George Carteret, Sir M'illiani Merkhy, and Sir .John Colleton, 
their heirs and assigns, by themselves, or their captains, or other their 
officers, to levy, muster and train all sorts of men, of what condition or 
wheresoevei' born, in the said province for the time being, arid to make 
war and pursue the enemies aforesaid, as well by sea as by land, yea, even 
without the limits of the said province, and by (lod's assistance to van- 
(juish and take them, and being taken to put them to death by the law 
of war, or to save them at their [)leasure; and to do all and every other 
thing, which unto the charge of a captain general of an army belongeth, 
or hath accustomed to belong, as fully and freely as any captain general 
of an army hath or ever had the same. 

16th. Also our will and pleasure is, and by this our charter we give 
uuto the said- Edward Earl of Clarendon, George Duke of Albemarle, 
William Lord Craven, John Lord Berklc}-, Anthony Lord Ashley, Sir 
George Carteret, Sir William Berkley, and Sir John Colleton, their heirs 
and assigns, full power, liberty and authorit}', in case of rebellion, tumult 
or sedition, (if any should happen,) which God forbid, either upon the 
land within the province aforesaid, or upon the main sea, in making a 
voyage thither, or returning from thence, by him or themselves, their 
captains, deputies and officers, to be authorized under his or their seals 
for that purpose, to whom also, for us, our heirs and successors, \ve do 
give and grant In- these presents, full power and authority, to exercise 
martial law against mutinous and seditious persons of those parts, such 
as shall refuse to snbmit themseh'es to their government, or shall refuse 
to serve in the wars, or shall Hy to the enemy, or forsake their colours or 
ensigns, or l)e hjytcrers or straglers, or otherwise howsoever offending 
against law , custom or disci])liue military, as freely and in as ample man- 
ner anil form as any captain general of an army by vertue of his office, 
might or hath accustomed to use the same. 

17th. .Vnd our further plcasiu'c is, and l>y these presents, tlir us, our 
iieirs and successors, we do gnmt unto the said PMward JCarl of Claren- 
ilon, George Didvc of Alliemarle, William Lord Craven, John Lord 
Berkley, Anthony Lord Ashley, Sir (ieorge Carteret, Sir M'illiam Berk- 
ley, and Sir John Colleton, their heirs and assigns, and to all the tenants 
and inhabitants of the said })rovince of Carolina, both present and to 
come, and to every of them, that the said province and the tenants and 
inhabitant- thereof, shall not fi-oni henceforth lie held or reputed a mem- 



COLONIAL RECORDS. 



ber or part nl" aJiv culnny w Iwitsorvi'i- in Ainciica, ov elsewhere, now 
transported or made, or hereafter to l»e trans] xirted or made; nor shall be 
(le[)endinii' on, or subjeet to their government in any thing, but be abso- 
Intely seperated and divided from the same; and onr pleasnre is, by these 
presents, that they be seperated, and that they be snbjeet immediately U> 
onr erown of England, as depending thereof forever; and that the 
inhabitants of the said Provinee, nor any of them, shall at any time 
hereaftei- be compelled or eompellable, or be any ways snbjeet or liable 
to appear or answer to any matter, snit, eanse or ])laint whatsoever, out 
of the Provinee aforesaid, in any other of our islands, eolonies or domin- 
ions in America, or elsewhere, other than in our realiu of England, and 
dominion of NA ales. 

18th. And because it may liap})en that some of the people and inhab- 
itants of the said provinee, cannot in their private opinions, conform to 
the publick exercise of religion, according to the liturgy, form and cere- 
monies of the church oi' England, or take and subscribe the oaths and 
articles, made and established in that l)ehalf, and for that the same, by 
reason of the remote distances of these jjlaces, will, we hope be no breach 
of the unity and uniformity established in this nation, our will and 
pleasure therefore is, and we do by these presents, for us, our heirs and 
successors, give and grant unto the said Edward Earl of Clarendon, 
(ieorge Duke of Albemarle, William Lord Craven, John Lord Berkley, 
Anthony Lord Ashley, Sir (xeorge ('arteret, Sii- William Berkley, and 
Sir John Colleton, their lieirs and assigns, full and free license, liberty 
and authority, by such legal ways and means as they shall think lit, to 
give and grant unto such ])erson or jiersous, inhabiting and being within 
the said provinee, or any part tiiereof, who really in their judgments, aud 
.for conscience sake, cannot or shall not conform to the said liturgy and 
ceremonies, and take and sulist'ribe tiie oaths and articles aforesaid, or 
any of them, such indnlgencies and dis[)ensations in that behalf, for and 
during such tinu' and times, and with such limitations and restrictions as 
tliey, the said P^dward Karl of ( 'larendon, George Duke of .Vlbemarle, 
NVilliani Lord Cra\en, John Lord Berkley, Anthony Lord Ashley, Sir 
George Carteret, Sir William Berkley, and Sir .Joim Colleton, their heirs 
or assigns, sliall in their iliscretion think tit and reasonalJe; and with 
this ex|)ress ])roviso, an<l limitation also, that such person and persons, 
to wlioni sneii indnlgencies and disjtensations shall be granted as afore- 
said, do and shall from time to time declare aud continue, all fidelity, 
loyalty and obedience to us. our lieirs and successors, and be subject and 
otiedient to all other the hnvs. ordinances, and eonstitntions of tlie said 



rOLOMAL HECOKl)^ 33 



[n'ovincp, in all iiiatttTs whatsoever, a.^ \v<ll eeelp.siastieal as civil, and rln 
not in any wise distnrl) the peace and >ate(y thereof, or scandalize or 
reproach the said litnr^v, t'ornis and cerenionics, or anythinij relating- 
iherennto, or any person or ]>ersons w hatsocvei', t'oi- or in res|)ec( of" his 
or their use or exercise thereof, or his or their obedience and conforinitv, 
thereunto. 

HHli. And in case it shall liappeu, ihnt an\ donl)rs(jr (piestions should 
ari.se, eonceruinji' the true sense and nndcrstandino of anv word, clause or 
sentence contained in this our j)re8ent (diarter, we will, ordain and com- 
inand, that at all times, and in all things, such interpretation be made 
thereof, and allowed in all and every of onr courts whatsoever, as law- 
fully may be adjudged most advantageon> and favourable to the said 
Edward Earl of Clarendon, George Duke of .\lbeinarle, William Lord 
Craven, John Lord Berkley, .Vuthoiiy Lord Ashley, Sir George Car- 
teret, Sir William Berkley, and Sir John ('olleton, their heirs ajid 
assigns, although express mention be not made in tJK'se presents, of the 
true yearly value and certainty of the premises, or any jiart thereof, or of 
any other gitts and grants made by us, oui- aucrestors, or predecessors, to 
them the said Edward Flarl of Clarendon, Geoi-ge Duke oi' Albemarle, 
William Lord Craven, John Lord Berkley, Anthony Lord Ashlev, Sir 
George Carteret, Sir William Berkley, aiid Sir John Colleton, or anv 
other person or persons whatsoever, or any statute, act, ordinance, pro- 
vision, proclamation or i-estraint, heretofore iiad, made, jiublished, 
ordained or provided, or any other thing, cause (>r matter, whatsoevt'r, U) 
the contrary thereof, in any wise notwithstanding. 

In Witness, etc. 

Witness the King, at Westminster, the four and twentieth dav of 
March, in the fifteenth year of our reign, (1663.) 

PER IPSUM REGEM. 



[B. I'. K. O. t;oLuNiAL Entry Bk. Vuj.. 20. f. 1.] 

Sater-day May 23^'' 1663. 
Present 
The Lord Duke of Albemarle 
My Lord Ci'aven 
My Lord Berkeley 
My Lord Ashley 
M"^ Vice Chamberline 
S' J no. Colleton 
3 



34 COLONIAL RECORDS. 



Ordered 

1. That ije|)revi-i(' be Iiigeneir tt Survcyo' tor ( 'iirruliiia 

2. That he be allowed until some other way be found tor Ids 8vdisist- 
ance twenty shillings weekly to be paid him by Sir .^no. Colleton. 

■S. That Sir Jno. Colleton be paid troni each respective Propryator 
2o£ to be by him disburst as lie shall I'eceave ord' from the Major parte 
of the Pi'opryators 

4. That there be reserved in every setlem' for y" Rropryators the quan- 
tity of 20000 Acres in such place or places as they or there Agents shall 
see titt to take up & that the same be bounded & leyed out for tJiem in 
y* beginning of each Setlement 

5. That in each Setlement the Court ho\vses & hovyses for publique 
meetings be setled on the land & taken up & leyed out for the Proprya- 
tors. 

H. That mapps l)e printed of the Province an<l some declaration drawiic 
to invyte the planters with the conditions before mentioned tt both 
published. 



[B. P. K. O. Colonial Papers. Vol. 17. No. 39.] 

SIP .lOHN COLLETON TO DUKE OF .ALBEMARLE 
10 JUNE 1668. 

May it please your Crace, 

There are divers people that desire to settle and plant in His Maj. 
Provinc^e of Carolina under the patent granted to your Grace and others 
l)ut that there is another like to that Province started by one M"" Mariot, 
steward to the Duke of Norfolk grounded on a ]iatenl granted in the 
\earc 1629 now above thiiiy fowre years to Sir Robert Heath and by him 
assigned to the Ancestors .of the now Didvc of Norfolk w°'" patent relates 
to certaine Articles to bee pertbrmed on the ])art of Sir Robert Heath, 
the patent i.s recorded but the Articles apjieere not in the records but the 
said ^P Mariot (who lives in Chancery Lane at tlii' next door to the 
Harrowe) pretends he has the patent and articles which being in force 
and not declined oi' made voidc will certainely liindei- that publique 
workc which is intended by the settlement and planting of Carolina, for 
the persons that at present designe thither expect liberty of conscience 
and without that will not goe, \v°^ by the patent to S'' Robert Heath can- 
not bee granted them and they cannot settle under the patent least the 



COLONIAL RECORDS. 



other geiitleuien shall jjive them trouhle or (listurlmiice So that there is 
a neeessitv of the |)]'esent reinovall of that obstacle which is hmiihlie left 
to the eonsideraoon of yo'' (xrace and the other noble persons concernM 
Y(/ Grace's most hnmblc sei'\-ant 

J NO. COl.LE'lON. 
Cockpitt 10 Junii KiC,;',. 



^ [B. P. K. O. Colonial Paper.s. Vol. 17. No. 39. 1.] 

STATE OF THE CASE OF THE-DUKE OF NORFOLK'S 

PRETENSIONS TO CAROLINA. [INCLOSED IN 

SIR JOHN COLLETON'S LETTER OF 

10 JUNE 1663.] 

The IS"" of 8"" in y" o"" year of King Charles the First was uranted 
to Sir Robert Heath the reagion or Province of Carrolina leying within 
the latitude of 31 and 36 inclusive upon the condition \' v' said S"' Rob- 
ert Heath or his assignes plant y'* s"* Province accoixling U> such Articles 
or Instructions as his then Majesty had given him under his sign Man- 
uell & privie Signett signed by his Secretary of State bearing date with 
the grant afores'^ 

AP Samuell Vassell had as he preten<ls an Assigneni' b'om S' Kubt. 
Heath for a tearme not yet expyred for y'" lattitude of 31, 32, & 33 <t 
y' heires of S'' Richard Creeuefeihl for y" remavneing part being 34, .">.") 
& 36 who say they never heard of any ])retence liy M' Howard or an\' 
of his Ancesters untill within these three monthes neither hath jVP' How- 
ard shewn any pattent or grant for y' same but })retends bv di.sconrse 
abi'oad y' y'' pattent to S"" Robert Heatli was taken in trust by .s"" Heath 
for some of his Ancestors. 

M'" Howard shewes no right nor tiie Artickles or In.st met ions bv w''' 
he was to plant although often sent for bv M' Attiirnev (ien" to Af"' Mer- 
riott M'' Howardes Sollissiter. 

Xeither hath S'' Robt. Heath. M' Howanl oi' any of ids .Vucestors 
AP Rich Oreenefeild or AT'' Va.ssell or anv of their A.ssignes planted 
any pai't of this Province there being about 3o vears past since v* grant 

Severall persons have a desire to plant in v'' s'' Province under the pat- 
tent granted by his now .Maj. to my liord High Chancellor, v' Duke of 
Albemarle & others JMit refusing to plant under the pattent to Sir Kobt. 
Heath & forbare to plant under the latter untill y' tii'st be made vovde 



3« COLONIAL RECORDS. 



least when they have planted they shall receave trouble by y^ first pattent 
by meanes whereof the settlement of that hopefnll coUony \xilbe lost. It 
is therefore to be humbly desired y' his Maj. wilbe graciously pleased by 
an Act of Couucell to resume y" pattent to S" Robt. Heatii & all Grants 
from it bec^ause they ha\-e not planted nor doe nut shew y" Artiekles or 
Instructions menconcd in s'' pattent whereljy y" settlem' may goe forward 
whylst many people have stmiige desii-es tn it \v°'' will otherwayse dye and 
hardlv be revvved aaaine. 



[Mass. Hist. Collections — Thibd Series — Vol. 1., p. 56. Reprinted from 
Hawks's History of N. ('.] 



LETTER FROM THE ENGLISH MEMBERS OE THE CAPE 
FEAR COMPAXY TO THE LORDS PROPRIETORS. 

From London. Auyu^sl. 16(53. At a Meeiiny of Adventurers aboiU Cape Fayre. 

London, Thursday, Augu.st the (Jth, l(j6o. 

At a meeting of .several persons, who have, with several others of New 
England, subscribed themselves as adventurers for the carrying on a plan- 
tation in Charles River on the coast of Florida. 

1. Whereas a ])aper in the name of the right honorable the Earl of 
C'larendon, lord high chancellor of P^ngland, George, duke of Albemarle, 
and divers other right honorable persons, to whom the whole coast of 
Florida hath lieeu lately granted by his most excellent majesty, hath been 
sent down to the said atlventurers, referring to certain proposals tendere<l 
to their said lordships, as the proper act and desires of the said adven- 
tnrei's, and l)eing an answer to the said jn'opo.sals; the .said adventurers, 
upon dilioent impiirv, not being able to find out who should be the au- 
thor of tile said pajier, do judge it their duty, in all hundileness, to acquaint 
their lordships that thev arc altogether strangei-s to it, and know nothing 
of the delivery of it. 

2. That u))on consideration, uevcrtht'less. of their lordsliips' said pa- 
per, and of several concessions, privileges, and immunities therein freely 
offered bv their lordshi]>s for the cncoiu-agcmcnt of the said adventurers, 
and for tlic further promoting of the said plantation of Charles River, 
the .said adventurers cannot but acknowledge the greatness of the favor 



('OJA)NiAL RECORDS. 37 



;iii(l (■ondesccnsioii of tlu'ir said l(>r(lslii))s to thciii, upon tlu' confidenci' 
and assni'ancc of whicli tli('\- crave leave t'nitlier to represent to tlieir 
lordships — 

■"). Tiiat as they were invited at tirst to he suWseribers to tiie said plan- 
tation oi' Charles River, by several perst)ns of New England, so the 
oreat motive that did principally induce them to the said subscription was 
the liquid and eleai' assurance that was g-iven them, that tlie said New 
Englanders, had an eijuitable title to the liarbor ami soil of the said river, 
together w'ith the lands adjacent ; and that though many others of quality 
had long before indeed sailed upon the coast of Forida, and had set- 
tled and taken possession of some other part of that large and vast 
countiy, yet that the said New Englanders, and they only, \vere the first 
that did ever, bona fide, set foot in that particular harbor, and that did 
find out the entrance and discovery of the said river. 

Which thing, as it hath been confidently represented from these of 
New England unto tlie said adventurers here, so, upon the very ground 
oi' that as a truth, as also of the general custom in that and other plan- 
tations (as well Dutch and French as English), that all that buy lands 
of the chief kings in those places (who only challenge to themselves the 
having a right to the sale of them), shall enjoy the absolute benefit and 
propeitv of them again.st all persons, Englisli or others ; the said New 
Englanders having purchased the said river and soil, and lands adjacent, 
of the said kings, did so far presume upon the interest of the said pur- 
chase, together with the said di.scovery, as to gi\e directions to several of 
their friends here immediately to a])]dy to his majesty for a patent foi- 
the said river and soil, as belonging (according to their apj^rehension) of 
riglit to them, and as no way doubting the obtaining thereof, as may a))- 
pear by the copy of their said letter hither. 

4. The said adventurers further humbly repi-esent. That as uj)on these 
grounds, and thes'c only, they became invited to share in the adventures 
of those in New England, and to east in at first a small sum for an as- 
sistance or supply to the said undertaking ; so, forasmuch as the said ad- 
venturers hei-e do act l)ut as a minor part of those other adventurei's there, 
and as wholly intrusted also from those there, they find not themselves 
(|Ualified or enabled to do any thing therefore here that may prejudice or 
conclude the other ad\cnturer> there, in that A\hicli may l)e their just |)re- 
tensiou or su])])nsition of a right, how weak or how much mistaken 
soever the givuind of that right ma\' possiblx- appear, which they deter- 
mine not. 



38 COLONIAL RECORDS. 



The said adventurers further hnnilily represent — 

5. That there cannot he any easy encourajienient for the planting of 
the lands of the said Charles River immediately from henoe, by reason 
of the excessive and insupportable charge that would attend such an un- 
deitaking of transporting and supplying all things necessary for tiie said 
plantation, at so great and so extraordinary a distance ; that as the under- 
taking, therefore, of the said plantation, and vigorous prosecution of it 
with men, cattle, and all other provisions as shall be judged necessary for 
the accomplishing and completing so great an engagement and action, 
must rationally be begun in, and set foith from, some other of the plan- 
tations abroad; so none is humbly conceived to be so lit to supply all 
those necessaries in abundance at first, and to do it at so easy a rate, as 
that of New England is. 

But forasmuch as all the English living in the several colonies of New 
England have ever held and enjoyed the benefits granted to other corpo- 
rations, and have ever had, as well as some other plantations, full liberty 
to choose their oavu governors among themselves, to make and confirm 
laws with themselves, with immunity also wholly from all taxes, charges, 
and impositions, whatsoever, nmre than what is laid upon themselves by 
themselves ; it is therefore the humble opinion of the said adventurers, and 
(as what thev fear) is humbly tendered to tlie considerations of their lord- 
ships — 

That the said sevei-al adventurers in New Euglaiid, who have some oi' 
them considerable interests and estates there, how much soever they have 
declared their willingness, ibrwardness, anil resolution to transport and 
remove themselves and their respective families unto the said Charles 
River, and to settle there, will nevertheless decline the said resolution 
again; and will not, l)y any arguments that may l)e used by the said ad- 
venturers here, be induced t(j unsettle themselves, and to run all the haz- 
ards that must be considered in such doubtful undertakings; nor, if will- 
ing, will be able to persuade othei-s to join with them there, if they shall 
hear, or be acquainted beforehand, that no one of the said privileges be- 
fore mentioned, and which have hitherto always l>een enjoyed by them, 
are like to be allowed or preserved entire to them. 

The said adventurers do further re]>resent, that at the present the un- 
dertaking of the plantation of the said Charles River lieth under some 
obloquy, that hath given a cluck to it; some that were sent from New 
England thither, in ordei' to tiie carrying on the said settlement, being- 
come back again without so much as sitting down u])on it; and for the 
better justification of themselves in theii' return, ha\e s])read a reproach 



COLONIAL RECORDS. 39 



both upon tlip harbor and ii])oii the soil of tho rivor itwlf; which cheok, 
if now also sofondcnl with a disconraiicnicnt from hence, in reference to 
their fjovei'nnient, oi" with an intimation that they may not expect in 
the same river the same nsnal and aecnstoined privileges, that all the .said 
colonies of New Enfiland, with other colonies, have ever had, it is hnni- 
blv fearefl that all thouj^hts of fnrther proeeedinir in the said rivei- will 
be wholly laid aside l)y them. 

Wherefore, inasmuch as the said adventurers here liave only power to 
return back to those of New England what they shall receive as the pleas- 
ure of those right honorable ])ersons that are the lords patentees; foras- 
much, also, as from the several discourses had and favors already received, 
the said adventurers here cannot bnt have a strong confidence of their 
lordships' inclination and propenseness to give all just and possible en- 
couragement to undertakings, so jtublic as all things of this nature are ; 
the said adventurers could not Hnd any way bettei- how to discharge the 
faithfuhiess of that duty and respect which l)econies them to demonstrate 
towards tlieir lordshii)s, than thus candidly and sincerely to state to theii- 
lordships the nature of their adventure, partnership, and subscription 
with others, the nature also of their dependence on others, as being but a 
minor part to them of New England, and as having their discretions here 
intrusted, at furthest, no further than for the olitaining and seciu'ing 
such things, too, for them of New England, as are pursuant to the direc- 
tions sent hither from them, anil as they here shall judge may most tend 
to a satisfactory and lasting encouragement to them. 



[H. F. K. O. Col: Ent: Book. No. 20. p. 10.] 



PROPOSE.U.LS OF SEVERALL (GENTLEMEN OF BARBA- 
DOES .vrt^rST this ]2th ]()(;:]. 

Severall gentlemen and |)ersons of good (juality in this Island being 
\ei'y sensii)le of the great loss and sad disa|)])oyntment that might 
redowntl to the English nation in Generall as well as to many pai'tieular 
persons y' ingaiged and intended to" ingaige in the settlement of an Eng- 
ligh plantation in that goodly laud of FliM'ida by the eivill report bruited 
thei-eof, by those sent from new England to setle at Cape Faire contrary 
to what M'' William Hinton and the i-est with him sent to discover that 
(Viast did and doe affivine rhereof, and havino greate contideniv in the said 



40 COLONIAL RECORDS. 



Hinton's fidellity and honest indeavowrs therein, have out of an farnest 
desire and confident persuasion of a happy settlement for our English 
nation in tliose parts, now againe hired and sent the above said M' Hin- 
ton with his ship adventure and twenty two men well fitted and victu- 
alled for 7. months for discovery of that coast soutlnvards from Cape 
Faire as far as -U. degrees north latitude: in which design of discovery 
there are and will l)c above 2 hundred gentlemen and amongst them 
many persons of good qnallity in this Island, wlmc arc and wilbc at a 
considerable charge tlierein. 

The said Adventures doe earnestly with all Humillity desire and 
request that those Noble innlertakers whoe have lately obtayned a charter 
of the Province of Carrolina from his Royall Maj*'^ wilbe pleased with as 
much eonvejiieut speede as may be to send them an examplification of 
there said Charter under the bi'oade scale of England fully recited ; and 
togeather therewith and by vei-tew of tlu' <aid chaiter to impower and 
authorize the aforesaid Adventurers or such of them as the said Grantees 
shall judge fitt to nominate togeathei- with the rest of there Assotiates 
and freinds, them there heires and assignes to take up and ])urchase of 
the natives such certine tract or tracts of Lands as they and such as they 
shall send theither to setle may or shall linde fitt for the accommodation 
of themselves and of there freinds there, in the forme and manner of a 
County or Corporation, not exceeding or about the quantity of thirty or 
thirty two niyles square, or one thousand sipiare mylc> which they desire 
may be called the Corporation of the Barbados Adventures, and that the 
said tract or tracts of land. County or Corporation, they desire may Ix' 
granted and confirmed to them and there Assotiates, and to theire heires 
and assignes for eaver, in full, free and aMq>]e manner aiul with the same 
power, 2)rivil('ilges, jurisdictions and Innnuiiityes as tiic af(>resaid Prov- 
ince is granted to them by his Majestic. Ami if any more or other rents, 
acknowledgements or services be or shalbc desired, expected or re(|utred 
then the proportion of what is In* them the said pattentes or first under- 
takers to be paid and allowed to his Majestic it may be by them asser- 
tined and expresly set downc in theie said (Irauntc tn these said Barl)a- 
(los Adventui-cs, before they shalbc at fni'ther ('ost. Charge or troble to 
sctlc it whicli they desire to know as soon as may l)e for that heare arc 
many hundreds of noble famillyes ana well experienced planters that are 
willing and ready to remove spedily theither to begin a setlement as afore- 
said and to beare the brunt thereof, if they shall receave such incorrage- 
ment as is expected as aforesaid from soe noble and worthy undertakers 
a:- we do understand are concerned a? principalis in ;aid Charter -^hich 



COLOXIAL KKCORDS. 41' 



privilfclges and iiicdrri-iiicnicuts thcv ;ii'c ilic latliiT lioald t(i px])t'ct Adven- 
tures not onciv till' there \i<i(iri>Ms and i-ead\ appearini:' to promote the 
further (hseoverv ami hopetul setU'nieiit there ut" at siieh a time as this, 
when soe greate a eloude of obseurity was east upon it hnt alsoe from the 
aptness of the people heare and persons heare iii^aiitNl to furtlier sueh a 
work as well tin- then^ ex|)erieneed planters as foi- the unnd>er of tliere 
Negro.s and otJier servants titt for sneh lal>or a> wilhe there reipiired, an<l 
doe alsoe find the less cause to doulit fii' the desired trust to be reposed 
in them, in I'egard many of there number consists of persons of good 
(piallity titt to manage the Government of soe considerabU' a corporation, 
wiioe with there freinds and associates doe desire to expect to liaye the 
sole power of electing all delligates, ( jovernors and officers, and making 
Jjawes, and goverening amongst themselves acc(n-ding to the tenor and 
Priviledges of the said Grannte or charter from his Majestic, which if 
grante(^l soe, as to incorrage such a free and noble setlement as they be- 
leive and hope is aymed at; will nnieh promote the good and seedy 
setlement of many other very considerable corporations within the Ter- 
ritory and Dominions of the aforesaid Province. 

That alsoe desire that a Proclamation may be procured from the Kinge 
directed to all Governors in these his Majestie's plantations, requiring 
them not to hinder any free and uiiingaiged persons from going theither 
to setle upon any frivilus pretences \\'hatsoever : but rather to further 
the good and speedy settlement thereof that possible may be in order 
whereunto ; and that those noble persons to whom the Charter is graunted 
may the better know whome to appoynt and nominate as Prime Adven- 
turers and undertakers of the before mentioned corporation, the said 
Adventiu-ers doe intend by the next to send a list of such persons names 
as have already subscribed and of the committe Ijy them choasen to 
manage afiFaires heare for this yeare and until! some shalbe sent theither 
to performe the same upon the place unless the said undertakers in Eng- 
land shall please to leave in blancke the place for the said Committe ; 
to put in such persons names as they shall judge most fitt and find will- 
ing to goe speedily theither to begin the said settlement there. 

My Lord, 

We humbly advize you will be pleased to appoynt some persons 
with your Instructions to treate with them on there proposealls, and 
wee conceave to bringe them to accept of by Lawes onely in steede 
of Generall Laws, which they desire to have power to make it being fitt 
the whole Countxy should make the Generall La\^'es and that the Gov- 
ernors thev meane to choose should bee onlv such as in the ( 'ittv of Exon 



42 COLONIAL EECORDS. 



vizt: Mavovs, Aldermen, Sherites, C'unstables, and the like, this wee 
c'oneeave may sattistie them, otherway.se they willie disturbed in Govern- 
ment whieh may cause 

Y(nu- humble servants 

THO: MODYFORD 
P: (X:>LLET0N. 



[B. P. K. O. Shaftesbury Papers. Bdle. 4S. No. 2.] 

AT THE COURT AT WHITEHALL 

The 12'" Day of August 1«68. 
His Ma"'' this day takin<> into consideration the State and pi-esent 
Condition of the Province or Region called Carolina in America and his 
Grant of the same by his letters Patents under the Great Seale of Eng- 
land to the Right Hono'"'* the I^ord High Chancellor of England, George 
Duke of Albemarle VA'illiam Lord Cra%'en John L(jrd Berkeley Anthony 
Lord Ashley Chancellor of the Ex(^heq'' S' George Carteret Knt Vice 
Chamberlain of his Ma''" househould S'' William Berkeley and 8'' John 
. Colladon Knts. And upon Information that all pretendors to former 
Grants of the said Province haveing been suuioned (according to foi-mer 
orders of this Boai'd) to bring or send to his Ma"'' Attorney Geuerall such 
letters patents writings, or other Evidences as they or any of them had 
setting forth their pi-etended titles thereunto, yet none of them have 
appeared or discovered any such pretensions, or Clayme.<. And for as 
much as no English whatsoevei' have, by \ertue of any such Grants 
iiitherto planters in the said Province, by which neglect such Letters 
patents (if any were) are become voyd : His Ma'" by and with the 
advice of his Councell doth Order and it is hcirby Ordered: That liis 
Ma'""* said Attorney Generall forthwith proceed either l)y Incjuisition or 
In' scire facias in the revoking all former Jjctters pattents and Grants of 
the said Province, or any other legall way wherein- to make and declare 
them voyd. And that from henceforth a rds, when any like Grant of any 
Sovereigne plantation shall be prepared to i>as-;<' his ^fa""' (xreat Scale. 
A Clause be inserted. That if within a certain number of yea res no 
plantation' be made and performed the said Grants shall become void. 
And it is further Ordered, that the sai<l Lord Chancellor. Duke of Allv^- 
raarle : and other the before named patentees do jiroceed in the planting 



COLONIAL RECORDS. 4.i 



of the said Proviuce of Carolina, and that in Order thereunto, they recei\e 
all Countenance favours and protections from this Board and that from 
hence forwards no pei'son or persons whatsoever do presume to goe into 
tlie said pi'ovincc or molest or disturl)c the said (Irantees or any Persons 
by them or any of them trusted or em])loy(;(l upon jiretencc of any iormer 
(xrant whatsoever, as tiiey or any (»f them do render this his Ma"' Co- 
mand, and will answer the contrary at their |)prills. 

CLARENDON. C 

T. SOUTHAMPTON ALBEMARLE 

ST ALBAN 
BERKSHIRE SANDWICH BATHE 

GILB: LONDON THO WENTWORTH 

MIDDLETON 
CHA: BERKELEY W COMPTON 

AVTLL MORICE HENRY BENNETT 

RICHARD BROWNE. 



[Rivers' Historical Sketches of South Carolina. Appendix, p. ."3-i. 
REPRiNTKn FROM Hawks's Htstory of N. f'.] 



A DECLARATION AND PROPOSALS TO ALL THAT WILL 
PLANT IN CAROLINA. 

25 Aug., 16H;'>. 
His majesty having been graciously pleased, by his charter bearing 
date the ■24th of March, in the loth year of his reign, out of a pious and 
good intention for the propagation of the Christian faitii amongst the 
barbarous and ignorant Indians, the enlargement of his empire and 
dominions, and enriching of his subjects, to grant and confirm to us, 
Edward, earl of Clarendon, high chancellor of England, George, duke 
of All)emarle, master of his majesty's horse and ca])tain-genei-al of all 
his forces, William, Ijoni Craven, John, Loi'd Berkeley, Anthony, Loivl 
Ashley, chancellor of his majesty's exche((iier, Sir George Carteret, knight 
and baronet, \ice-chaml)erlain of liis majesty's household, William Berk- 
ley, knight, and Sir John Colleton, knight and i)aronet, all that territor\' 
oi' tract of oround with the islands and islets situate, Iviuu', and bcint;- in 



44 COLONIAlv RECORDS. 



his dominions in America, extendino- from the north end of" the island 
called Lucke Island, wliicli lieth in the Southern Virginia sea, and within 
36 degrees of" the northern latitude, and to the west as far as the South 
seas, and so southwardly as far as the ri^•er St. Matthias, which border- 

eth upon the coast of Florida, and within degrees of the northern 

latitude ; in pursuance of which grant, and with a dear and good inten- 
tion to make those parts useful and advantageous to his majesty and his 
people : we do hereby declare and propose to all his majesty's loving sub- 
jects wheresoever abi<ling or residing, and do hereby engage inviolably 
to perform and make good these ensuing proposals in such manner as the 
first undertakers of the first settlement shall reasonably desire. 

1. If the first colony will settle on Charles River near Cape Fear, 
which seems to be desired, it shall be free for them so to do on the lar- 
l)oard side entering [south side]. If in any other part of the territory, 
then to choose either side, if by a river; we reserving to ourselves twenty 
thousand acrvs of land, to l)e bounded and laid out by our agents in each 
settlement, in such ])laces as tiiey shall see fit, antl in such maimer that 
the colony shall not be thereby incommoded or weakened; which we 
intend l)y our agents oi- assignees in due time to settle and plant, they 
submitting to the government of that colony. 

2. That the first colony may have power, wiieii desii'ed, at thi'ir own 
charge to foitify the entrance of tlie river, as al>o tiie sea-coast and 
island; they engaging to \>v true and faithful to his majesty, his lieirs 
and successors, by some oath or engagement of their own framing. 

■'3. That the undertakers of that settlement do, before they or any of 
them repair thithei- to settle, present to us thirteen persons of those that 
intend to go, of which number we shall commissionate one to be (xov- 
ernor, for three years from the date of his commission, and six more of 
the thirteen to l)e of his council, the majoi' part of which number, the 
Govern(,)r or his deputy to be one, to govern for the time afi)resaid ; and 
will also nominate successors to tlic ( ioNcruor, wiio shall l)e of the six 
councilloi's aforesaid, to succeed in tiie government, in case of death or 
removal ; and likewise councillors out of the remaining six of the thirteen 
to succeed in case of deatli oi' renio\al of any of the coiuicillors, and after 
tiie ex]>irati(ni of tiie lii-st three years, and so successively for every three 
years. I'pon or ix'foi'c the 2oth day of March, before the expiration of 
the time of the (Governor in, being a in w ])resentment l)v the freehohlers 
of the colonv, or liy such persons as tluy shall constitute, to Ijc made of 
the thirteen persons, four of which siiall consist of those that shall be in 
the "j'overnnient at tlie time of tiie election of tiie tliirteeii, out of which 



C'OLOxNlAL RECORDS. 45 



we will, upon or before the lUtli ilay of April following, declare and 
c-onunissionate a Governor and isix eouneillor^; with tlieir ref^pective suc- 
cessor* in case and manner as aforesaid. 

4. We shall, as far as our charter permits us, empower the major pari 
of the freeholders, or their deputies or assembly-men, to be by them 
chosen out of themselves, viz. : two out of every tribe, division, or par- 
ish, in such manner as shall be agreed on, to make their own laws, by 
and with the advice and consent of the Governor and council, so as they 
l)e iKit rejjugnant to the la\\s of England, but, as near as may be, agree- 
ing with them in all ci\il affairs, with submission to a superinteudency 
of a general council, to be chosen out of every government of the province, 
in manner as shall be agreed on for the common defence of the whole; 
which laws shall, within (me year after publication, be presented to us to 
receive our ratification, and to be in force until said ratification be desired 
and by us certified; but if once ratified, to continue until repealed by the 
same power, or by time expired. 

-j. ^^'e will grant, in as ample uianner as the undertakers shall desire, 
freedom and liberty of conscience in all religious or spiritual things, and 
to be kept inviolably with them, we having po^\er in our charter so to do. 

6. We will grant the full benefit of these immunities to the undertakers 
and settlers which, by the charter, is granted to us (for our services to his 
majesty) in relation to freedom of customs, of tools of all sorts useful 
there, to be exported from England for the planters' use ; and of certain 
groAvths of the plantations, as wine, oil, raisins of all sorts, olives, capers, 
wax, currants, almonds, and silks, to be importctl into any of his majesty's 
dominions for seven years for Ciich conunodity, after four tons oi' every 
respective species is imported as aforesaiil in one bottom. 

7. We will grant to every present undertaker for his own head, one 
liun(h'ed acres of laud, to him and his heirs forever, to be held in free and 
common soccage; and for every man-servant that he shall bring or send 
thitiu'r, that is fit to l)ear arms, armed with a good firelock musket, per- 
formed i)ore, twelve l)ullet> to the pound, and with twenty pounds of 
powder and twenty pounds of liullct.-, fifty acres of land; and for every 
w(,>man-servaut thirty acres ; and to cvci'y man-servant that shall come 
within that time, ten acres after tlic ex]>iratiou of his time; and to every 
woman-servant six acres after the expiration of her time. Note that we 
intend not licrcliy to l)e obliged to give the pro|)ortions of lands abo\e 
mentioned to masters and servants, longer than in the first five year>. to 
commence at the beginning of the first settlement. 



46 COLONIAL RECORDS. 



8. We will enjoin the Governor and council to take care that there lie 
always one man armed and })rovided as aforesaid in the colony, for every 
fifty acres which we shall grant, and that there be a supply to make up 
the number in case of death or quitting the colony by the owners of said 
lands within twelve months after uiviug notice of the deliect. 

In consideration of the pi'emises, \vc do expect by way of acknowledg- 
ment, and towards the charge wc have been and shall be at, one half- 
penny for every acre that shall be granted as aforesaid, within the time 
before limited and expressed ; and that the court-houses and houses lor 
public meetings be erected by the public moneys of the colony on the 
lands taken up by us ; but to be and c(>utiiuie to the coiuitry's use forever, 
they paying some small acknowledgment. 

Given under oiu' hands this twenty-fiftli dav oi' August, Anno Domini, 
1 6fi3. 



[B. P. R. O. Col: Knt: Book. No. 2(K p. S.] 

LETTEH TO COL: THO: MODYFOKD .VXD PETEK COL- 
LETON ESQ- 

CoCKEPTT this ."'.()"' Aug\lst Kit)."). 

Sirs, 

Wee finde by a letter from M' Richard Eivaus M' .John Vassall and 
others as alsoe by another from you Coll : Modyford that severall people 
of Barbados have iuclynations to setle and plant in some parte of the 
province of Carrolina, whome we desire by all wayse and meanes to incor- 
rage, and that it may appeare soe, have inclosed sent you a declaration 
and proposealls under the hands of all those concerned tliat are in towne 
and those that are not have consented to it : which paper we desire you to 
communicate to all people that are disposed that way and to give what cop- 
pyes you please to such as shall desire them and to send others to the 
Barmothos Xew England and where elce you think fitt useing your 
Intei'cst for the propogation of this plantation and assureing the |)eople 
that what we propose shalbe performed: in which we resolve to be puu- 
tuall and circvnn.spect, we are informed that some ill willers to the setle- 
ment upon Charles river neare Cape Faire, have contrived the disorder 
that ha]>ned to those that lately went theithei" befoi'c the ships went from 
New England and that they went not into the brancli of the river in 
that Hilton was in, but by mistake went into anotlicr l)esides they tooke 
not the proper time of the yeai"e, for worke ; soe that wee hope that 



COLONIAL RECORDS. 47 



that iniscarragv will not (liscorniiic ymir |)e(ti)le; we conceavt' it wilhe 
advantageous to the Kinge, his people, and ni(tre partienlarly to your Ilan- 
ders to goe on witli the setlenient where the ayre as we are informed won- 
drous healthy and temperate, the land proper to hare such eommodyties 
a-s are not yet produced in the otlu'r j)lantations and such as the nation 
spend in greate quantities as wine, oyle, (Hu-rants, reasons, silks &c by 
means whereof the money of the nation that goes out for these thhigs 
wilbe Keept in the Kinges Dominions and the planting pait of the peo- 
ple imploy there time in planting those eomod}i:ies that will not injure 
nor overthro\A the other plantations which may very well happen, if 
there be a very great increase of sugar \\orkes and more Tobacco, Gin- 
ger, Cotton, and indiecte made then the world will vent these reasons we 
conceave will coTiviuce the most concerned in your Islands to promote 
this worke, the proposealls sent are but heads ; we conceaving that sucli 
as shall undertake, will expect a more formall and large assurance ti»m 
us according to tliei'e oAvne Methhood ; which we shall willingly give 
when they desire the same, some people lieare propose that we should 
make choyce of a Governor without there presenting ; if your people 
desire the like it shall be done, more freedome then this we may not give ; 
but if any have any other way to propose that is not loss to us then this, 
we may consent to it. Wee ha\'e wi-itten to my Lord ^Villoby to coun- 
tenance at least not to discountenance your jn-oceedings herein, the busi- 
ness is the Kings and nations service more then oiu" owne, the ])romo- 
tion whereof by you is desired & not all doubted by 

\'Our 



[B. P. K. O. Col: Ent: Book. No. 2. p. 9.] 



A LKTTEH TO MV LOK'D WlIvLOHY FROM THK Dl^KE 
OF ALBEM.VKEF. 

Cockpit the ."{l of August. IHH'A. 
Ml/ LonL 

I presume you are not a stranger to his Majestie's Graunte of the 
Province of Carrolina to my Jjord Chancellors myselfe and others, whicJi 
we have undertaken to serve him and his people, and not our private 
Interest there are some persons of your Island of Barbadoes that have 
by there letters to me set forth there desires of beginning of or contriliute- 
ing to a setlement in tho,«e parts which I conceav'e will prove rather advan- 
tagious than otherwayes to those under your Government for that setle- 



48 C01>0NIAL RECORDS. 



inent will clevirt many projilc tliat (Icsignc to pl-ajit from plantiiig there 
fommodyties wliiHi your plantation al)onn<ls in (of wiiicli ^rcaler qnan- 
titie^ l)ein^' made, will sinckc the maker) and pnt tliem npon sncli as 
vour lands will not 1 conceave produce, and as the Kin^e hath not yet 
within his Terrytories in quantity, although his people consume much o( 
them to the exhausting the wealth of the kingdorae, the comjiiodyties I 
meane are wine, oyle, reasons, currants, rice, silke <frc ; which commody- 
ties will be of good use and advantagious to your parts, as well as C'orne 
meale floMer beefe and poorke; which that Country as I am well informed 
from persons^ that liave planted in some parts thereof will in short time 
aboiuid in: for which reasons an<l being well assui'ed that you in all ycjur 
actions ayme at the publicke good, I desire that your I^ord will not hin- 
der but incorrage this setlement by which I am svn-e you will not only 
doe his Majestic good service but much oblige 

Your Lordship's Hund)le servant 
My Ijord Chancellor is gon to Cornebey whoe woidd 1 believe have 
joyned with me in this desire if he had beene in Towne; I have written 
my Couzen Modyford and Couzen Peter Colleton to promote; C-arrolina 
Plantation. T pray countenance them in it. 



[B. P. R. O. Col: Ent: Book. Vol. 20. p. 3.] 

(JOPPY OF A COMMISSION TO SIR WILLIAM BLRKELE^' 

TO CONSTITITTE AND COMMISSION ATE .A 

GOVERNOR FOR AI>BE:\[ARLE 

RIVER. 

Whereas his Majesty iiath Ween graciously pleased by his Charter 
baring date the 24th day of March in the 11. yeare of his Reigne for 
him his heires and successors To give, grant and contirme unto us Edward 
Earle of Clarendine Lord Heigh Chancellor of England Oeoi-ge Duke 
of All)emarle Master of his Majestie's horse, and Captain Generall of 
all his forces, William Tjord Craven, John Lonl IWkeley, .Vnthony 
Lord .\shley ( 'lianci'llor of his Majestie's E\che(|Uor Sir (Jeorge Carte- 
rett Knight and Barronet Vice Chamberliiie of his Majestie's hou.sehidd, 
Sii' William Herkelev knight and Sir John (\illeton knight and Bar- 
ronet our heires an<l .Vssignes for ever, all that Terrvtory or tract or 
(jronnd. now calh'il tlie Province of Carolina svttnate, lyeing and being 



COLONIAL RECORDS. 49 



within his Mnjostio's Ddiiiiiiions in America oxtending from the north 
end of the Hand ealled Lneke Island, which lyeth on the Sonthernc 
Virginia Seas and witliin 36 degrees of the Northine Lattitnde, and to 
the west as farr as the sonth seas aforesaid with all and singnler harl)ors, 
bayes, rivers, Isles and Islets belonging to the Country aforesaid and 
alsoe all the soyle, lands, fields, woods, nionntayiies, farmes, lakes, rivers, 
bayes, Isles and Islets situate lyeing and lieing within the bounds and 
limitts aforesaid, with the fishing of all sorts of fish whales, sturgions 
and all other royall fishes in the sea, Bayes, Isles, Islets and rivers within 
the premises and the fish therein taken. And moreover, a power to con- 
stitute and appoint Governors and all other necessary Officers both mili- 
tary and civill, and to make, enact and ordayne I^awes by and with the 
advise and consent of the freemen of the said Pi-ovince or of the greater 
part of them there delligates or depntyes when and as often as neede shall 
require, and the said Ijawes to putt in execution by our deputy Justices 
&c. with many other powers, emmunitves and priviledges as in the said 
Charter unto which for more certinety we referr ourselves is contayned ; 
Now know all men to whom these presents shall come that we the 
said Edward Earle of Clarendine Lord Heigh Chancellor ()f England, 
George Duke of Albemarle ^Master of his Majestie's horse and Captain 
Generall of all his forces, ^^'^i]lia^ll Lord Cra\-en, John Lord Berkeley, 
Anthony Lt)rd Ashley Chancellor of his jVIajestie's Exchecpior, Sir 
George Carteret Knight and Barronet Vice Chand)eline of his jNIaj''"'*' 
household and Sir John Colleton Knight and Barronet, Doe by these 
presents give full power and ample authority unto the above named Sir 
William Berkeley Governor and Captain Generall of Virginia to nomi- 
nate, constitute and appoynt such persons as he shall conceive fitting to 
be and continew Governor of all that parte of the province afoi'esaid 
which lyeth on the north east side or starboard side entring of the river 
Chowan now named by us Albemarle river togeather with the Islands 
and Isletts within tenn leages thereof, for the tearme and time of 
yeares from the date of his Commission which he shall receave from the 
said Sir William Berkeley, he behaveing himself well ; and likewayes 
the same person or some other fitting person to be and continew Gov- 
ernor on the southwest or larbt)anl side entring the same river, and from 
the entrance thereof 20 leagues up the river and from the river side 
myles southerly into the land, for the tearme and time of yeares from 
the date of the Conmiission that he shall receave from Sir William 
Berkeley, he behaveing himself well as aforesaid. And alsoe to nomi- 
nate and appoint G fitting persons to be of the Councill of each Governor 
4 



50 COLONIAL RECORDS. 



if two ; to joyne with him or them in the Government in such manner 
as the said Sir William Berkeley shall direct, and to give the said Gov- 
ernor or Governors and his or there Counsell such power and authority 
as we by his Majestie's Charter have power to grante, for the well, good 
& peaceable government, of that CoUony or those Collonyes, and those 
people that are setled or shall come to setle there on the Islands or 
Isletts aforesaid, and moreover to the said Governor or Governors and 
Councill or Councillors full and ample power to elect constitute and 
appoynt all Officers Millitary and Civill which shall l>e convenient and 
necessary (the Secrytary and siu-veyors onely excepted) which we by his 
Majesty's Charter have jjower to constitute to be and continued during 
pleasure or good behaviour according to the Cliarter aforesaid and our 
instructions given you hearewith to give the said Governor or Governors 
and Councill or Councillors power by and with the advise and consent 
of the freeholders or freemen or the Major parte of them there deputyes 
or delligates to make good and wholesome lawes ordinances and consti- 
tutions for the better Government and good of the Collony or Collonyes 
which lawes shall be transmitted to us within one yeare after publication, 
there to receave our rattification but to be in force until by us denyed and 
the denyall certified and then to sease; and the said lawes to be put 
in execution, as alsoe a power to the Governor or Governors to 
grante and confirm lands to such as are there or shall come there to setle 
and plant according to such proposealls and Instructions as we send you 
hearewith and to act and doe all other things that may conduce to the 
good, welfare and well government of the people as farr as the Charter 
aforesaid Avith our Instructions, shall imjjower them to doe. 
Witness our hand and seales this day of 1663. 



[B. P. R. 0. Col: Ent: Book. No. 20. p. 5.] 

INSTRUCTIONS FOR SIR WILLIAM BERKELEY GOV- 
ERNOR AND CAPT.AJN GENERALL OF VIRGINIA 
IN RELATION TO THE SETLING AND PLANT- 
ING SOME PARTE OF THE PROVINCE 
OF CAROLINA. 

1 . In regard that we conceave all men aaIII desire to setle there habita- 
tions upon the river in respect of the ease of there Carrage to the sea 
there transportation from place to place and the bennefit of the water and 



COLONIAL RECORDS. 51 



fishing in the river, therefore that they may keepe neare togeather for 
there common defence, wee propose that whoeaver liath phmted or comes 
to phmt, have for himself and every man sarvant armed as in onr pro- 
posalls, one Chayne of land consisting of 66 foote in l)redth and 100 
chayne from the river into the Country in lenkth and the remainder of 
his proportion of land to be noe nearei* then at the end of 200 chayne, 
from tlie ri\'er, whereby there may be roome for a second roe of planters 
next to the first, l)v meanes whereof there wilbe two hundred men armed 
and lodged within each myle and (piarter scpiar-e or thereabouts, which is 
c-onceaved to be better then in to>\'ues, for such whoos business it is to 
plant, for then each man wilbe where his business or the greater parte of 
it lyes, and 10 acres which is the proportions above, wilbe as much as 
one man can well plant and keepe cleane in that growing Country ; reserve- 
ing convenient home pasturage, tor the passage of those above; the I'e- 
maynder of mens proportions may be leyed out, where the Governor and 
Councill shall conceave it most regular and advantagious to keepe the 
people neare each other soe as it be at the end of 200 Chayne as is before 
exprest. 

2. You are desired to cause 20000 Acres of land to be set out and 
bounded for the propryators in severall places, parte of which may be 
where a towne is like to be built, other parte some myles up the river and 
other some ujj into the Country where the land is good, and some on 
sides of hilles that looke to the southward wliich wilbe best for Vinniards 
and if it be possible where there is an advantage of a springe river or 
rivelet from whence the land may be with any art watered, which wilbe 
of mighty advantage in planting some commodyties especially vynes : 
which is conceaved wilbe most profitable, an aker in the Cannaryes pro- 
duceing £60. per ann : besides the duty thereof is greate heare, of which 
we are free. 

o. If the people that plant are not or shall not be willing to pay the 
Quit rent of | penny per acre ])resently you may give them two 3:4: 
or 5 : yeares for the convenience of there payments. 

4. If those men which have jiurchased sliall for the better moddelling 
and secureing the plantations parte with there Interest bought of the 
Indians which they must doe the next possessor ought to pay him what 
he leyed out with some small advantage for his disburse, and if the party 
in jiossession have cleaned and planted (or either) more than his propor- 
tion of Grownd in bredth he ought to be compounded with for his charge 
of which the Governt)r and Councill to be Judue. 



52 COLONIAL RECORDS. 



5. The GoveriKjr or Governors and Conncill to give warrants, which 
are before delivery to be entred for the proportions of lande to be leyed 
out according to the proposealls and in manner as above (if you are 
pleased with the way) to the Surveyor, the Surveyor haveiug run out the 
land to certifve to the Secretary the ((uantity kyed out to and for each 
person with the Ixiunds thereof and on what poynt it lyes with a small 
plot of the same, this Certifficate to bee recorded by the Secrytary in a 
booke to be kept for the purpose, and then the Secrytary to certifie what 
the Surveyor hath done to the Governor or Govei-nors and Councill and 
that being done the Governor to make a Graunte to be drawne by the 
Secrytary and to be past under a seale that ^ve shall send with his hand 
to it, to the partye and his heires for eaver for whome the land is leyed 
out under the quit rent of one | penny per acre to commence Avhen you 
shall direct not exceeding 5. yeares from the feast of all Saints next. 

G. We propose that if you cannot find some other way to support the 
Governor out of the thing itselfe, that he have the sole trade of fures for 
3. yeares, and if he conceave 3 yeares to little time for his eontinewance 
in the Government in regard the first setlement wilbe the brunt and dif- 
ficulty of the l)usiness, yon may assure him that we shall clioose him 
againe unless his misbehaviowr obstruct it. 

Wee doe likewayse propose that the Secrytary draw all the Grants of 
land, and that some fee be established for that and fi>r recording, certifie- 
ing and searching of records and coppyes of them for his maynetenance. 

Likewayse that some Fee be established fi)r the surveyor by the acre or 
day when hee surveyes i\n- liis support. 



[B. P. R. O. Col: Ent: Book. No. 20. p. 6.] 

A LETTER TO SIR WILLIA]\I BERKELEY. 

Cocke pitt this 8. day of Sepf 1663. 
Sir, 

Since you left us we have indeavonred to procure and at lenktli have 
obtayned his Majestie's Charter for the province of Carrolina. A coppy 
of which Charter and unto which we refer t)urselves, we doe hearewith 
send you since the sealeing whereof there started a title under a pattent 
graunted in the 5"' yeare of KInge Charles the 2* to Sir Robert Heath 
under which there hath beene a Claynu' Iw the Duke of Norfolkes 



COLONIAL RECORDS. 53 



Agents :iii(l aiiotlK'i- by Sir Ric : Greeiu'ficlil.s lieires : but all tlifre that 
shall plant notwithstanding that patteut, are by a" Act of Kinge and 
Couneill seeured againstv.that pattent : and that pattcnt by Kinge and 
Couueill made Null and ordered to be made soe by the Kinge's Authnr- 
ney in the Courts of Law a coppy of which order we hearewith send 
you, soe that noe perst)U need not scru[)le planting under our pattent 
besides we have many more advantages then is in the other to incorrage 
the undertakers, we are informed that there are some people setled on the 
north east parte of the river Ciiowan and that others have inclynatiuns to 
plant there, as alsoe on the Larboard side entring of the same river soe 
that we hold it convenient that a Governor be fortlnvith appoynted foi- 
that Collony, and for that end we have by Captain Whittey sent yon a 
power to constitute and appoynt one or two Governors and Coiuicelles 
and other Officers unto which power we referr ourselves : we haveing 
onely reserved the nomination of a surveyor and secrytary : as officers 
that wilbe fitt to take care of your and our Interest, the one by faithfully 
leying out all lande the other by justly recording the same, the surveyor 
by name Monsiear Lepreyrie whoe we conceave will goe in this ship if 
not in the next he is reeomeuded by Sir George Carteret to be able that 
way antl a good Injenear for the making of fortifications. 

The secrytary is one INI"' Ricliard Cobthrop recomended t(_) us by my 
Lord John Berkeley, he hath the repute of an honest injeinous and stout 
man : he promiseth to be ready to goe hence within a moneth \\e shall 
hasten him to you. 

Wee doe likewayes send you proposealls to all that will plant, which 
we prepared upon receipt of a paper from some new England men that 
desired to setle neare Cape Faire, in which our condisentions are as low 
as it is possible for us to desend, this was not intended for your merrid- 
dian, where we hope to find more fassill people, whoe by your Interest 
may setle upon better tearmes for us, which we leave to your manage- 
ment which our oppiiiion that you grante as much as is possible rather 
then deter any from planting there, by our instructions and proposealls 
you will see what pniportions of lande we intend for each master and 
sarvant and in what manner to be allotted, but we understand that the 
people that are there have bought great tracts of land from the Indians, 
which if they shall injoye will weaken the ]ilantation. 

1. First because those persons will in j)rol)obillity ki'cpe all that land to 
themselves, and soe make the neighbowrhood of otlicrs remote from there 
assistance in case of danger. 



54 COLONIAL RECORDS. 



2. If any new Commers would setle neare there habitations they will 
not pei-adventiire admitt it without purchasing and possibly upon hard 
tearmes which will discorrage people from planting; wherefore it is our 
resolution and desire that you persuade and compell those persons to be 
sattisfyed with such proportions as we allot to others which wilbe more 
then any such number of men, to and for whome these proportions are 
to be given, cann manage and therefore enough : more will but scatter 
the people and render them lyable to be easyly destroyed by any enymyes 
soe that the fixing the way that our Instructions mentions wilbe the best 
course of setling as we conc-eave, howeaver we doe leave it to you that 
are upon the place and cann best judge; desiring you to keepe this Let- 
ter and our Instructions and proposealls private to your selfe ; the rea- 
s(jn (jf giving you power to setle two Governors that is ol" each side of 
the river one, is because some persons that arc for liberty of Contience 
may desire a Governor of there owne pnjposing, which those of the other 
side of the river may not so well lik<', and our designe being to incor- 
rage those people to plant abroad and t(j stocke well those parts with 
planters : inciteth us to comply alwayse and with all sorts of persons, as 
tiirr as possibly we cann, you wilbe best able to judge when you heare 
all partyes and therefore referr the thing wholly to you, takeing your de- 
sign into consideration. Wee have granted to Sir Jno. Colleton the 
Island called by some C-arelyle Island lyeing neare Roanoake and Chowan 
river: he will leave it with you to take a parte with him if you please, 
soe that you may order possession to be given of the same to his assignes ; 
inclosed is a Coppy of his Graunte; Although my Lord Chancellors my 
Lord Berkeleyes and my Ijord Ashlyes hands be not to the power and pa- 
pers we send you, the reason whereof is because they are not in towne, 
yet doe they consent to what we doc: soe that you may act without dan- 
ger or scruple. 

The entrance to Cho\\an river is difficult anil water but for small ves- 
sells : but we understand that there is an Entrance, boald and deepe wa- 
ter in the I^attitude of '-14. which is neare the rivers called the Newsc and 
Pamplycoe which we conceave may lie best discovered from your parts in 
order to which we desire you to procure at fraught or other wayse sf)me 
small vessell that draws little water witli a boald boat to make that dis- 
covery and some others into the so"\\"nd, through Avhich so'wnd big greate 
ships may peradventure come to Chowan and give us admittance into the 
other brave rivers that lye in the sownd and whylst they are abroade, 
they may looke into Charles river a very little to the southward of Cape 
Faire, and give us an account of what is there : this if it may be done 



COLONIAJ> RECORDS. 55 



witli little troblt' and expeiu-e of time; the eharge you shall he at we 
shall eaeh man upon notice pay our shares : some moneys we are in dis- 
burse for you heare: which may be allowed out of what you disburse 
there ; this vvorke we hold necessary to be done, that the Kinge may see 
that wee sleepe not M'ith his grant but are promoting his service and his 
subjects profitt; by Captain Whitteyes relation you may easyly pass by 
land and river from your Government to Chowan river and ryde but 25 
myles bv land which makes us presume earnestly to intreat yon to make 
a jorney theither whereby you may upon your owne knowledge give us 
your opinion of it : and direct such discoverves to be made up the river 
as you shall see Htt: which and all- other things hearein and in our In- 
structions contayned we committ to your consideration and care and re- 
mayne 



[B. P. R. O. Colonial Entry Bk. Vol. 20. p. 14.] 

8*" Sept' 1663. 
Present 

My Lord Duke of Albemarle 

My Lord Craven 

Sir George Carterett 

Sir Jno. Colleton. 

Granted by deed to Sir Jno. Colleton & his heires for ever the 8"' of 
Sepf 1663 the island heretofore called Carlyle Island now Colleton 
Island lyeing neare the mouth of Chowane now Albemarle river eou- 
tayneing in lenkth 5 or 6 myles in bredth about 2 or 3 myles he j^eilding 
& paying yearely from the feast of All Saints for ever for all such landes 
as is in those parts esteemed plantable land one halfe penny per acre if 
all others that shall plant in Carrolina pay as much. 



[B. P. R. O. Col: Ent: Book. No. 20. p. 13.] 

September this 9'" 1603. 
Sir, 

We have of late sent you two Ijetters with the Coppy of oiu- Charter 
for Carrolina and our dwiaration and proposealls touching the setlemcnt 
thereof, by which letters we desired you to imploy your indeavours and 



56 COLONIAL RECORDS. 



Interests to persuade such persons of your Island that have inclynations 
to plant in any of those parts to be sattistied with the Meth-hood we 
have proposed from the substance whereof we cannot receade. 

Since those our Letters above mentioned we have received yours of the 
12"' August with the proposalls and desires i^f severall Gentlemen oi' 
Barbados, whoe seeme to have thought of setling some parts of C -arrolina 
to which desires of theirs, wee inclosed send you our answer upon which 
and our declaration you may please to treate with them and make some 
agreement if you cann keeping still to the substance of our proposealls ; 
but if otlier words or other waves of frameing the Government will please 
them better without lesning those po^^•ers and the rent we have reserved, 
or giveing away the royaltyes and Fellows goods which is by the Kinge 
in our Charter granted to us, you may close with tliem ; and if they shall 
desire 7. yeares time, for haveing the proportions of lands mentioned in 
our Declaration you may grant it ; and if the grattifieiug of some of the 
Cheefe with one, two or 300 Acres of land a man exterordynary will 
forward the worke you may promise it, and it shalbe given them: but 
let that be as remote as y(ni cann fi-om the river they setle upon whereby 
the strenkth of the Collony may be kecpt tt)geather according to the 
Meth-hood, in our instructions for the lyeing out of each mans land ; if 
you conclude with the undertakers, you may [)lease to make choyse of a 
Survevor and Secrytary in our behalf's \\hich Officers wee choose for noe 
other end l)ut that wee may from thciii have an account of what passeth 
there and tiiat Justice may be done l)etweene tlie planter and ourselves: 
we intend they shalbe subject to the Government and upon just com- 
plavnt to us l)e removed and by tlie (Tovernment be suspended if there 
be cause mitill we have heard the matter. 

We further desire vou to give us notice whoe wilbe the fittest man for 
the Government and wlioe to be of his Council!, and if it shalbe thought 
fitt tliat tlie first Governor shalbe continewed five yeares you may consent 
to it; for his mayntenance the people are to find some way, wee have a 
Setlement begann upon the river Cliowan in the lattitude of 35 or there- 
abouts to which place we have ordered a governor to be sent froru Vir- 
ginia, and have proposed for his support tlie fur trade or such a parte 
of it as may be sufficient ; until] tlie people shalbe able to provide other 
wavs for him if some such thing may be found out where your people 
iutend to sit downe, it uiay incurrage, we wish the place may be neare 
porte Rovall ; If any argument shalbe made by the undertakers concerne- 
insj the charge of discovery it wilbe answered with what we have done 
in order thereunto from A'irginia before we did know that they M'ere 



COLONIAL RECORDS. 57 



about any such tiling ; we hope by tlie next to send the Kinges letter to 
the Governors for the promotion of this setlement. 

We conceave that the planting of Carrolina wilbe of greate advantage 
to the Kinge and his people particularly to the planters in Barbadoes and 
the Carribbia Islands in regard it will divert the further rayseing of sugar 
workes planting ginger cotton, indicoe and Tobacco of which commody- 
ties enough are already made to supply all markets and more will in 
probabillity impoverish the planters of them, by lowring the prices to a 
rate by which they will not be able to subsist. 

2*'^ in regard the land in Carrolina will produce wines of all sorts 
silks, reasons of all sorts, currants figs, ollives, t>yle, capers and tobacco 
as good as that of Virrgines as we are informed, all which commodyties 
are much easier (especially in poynt of charge) produced then Sugar and 
are commodyties that are not yet planted in the King's Dominions but 
when they shalbe considerably it will give a great imployment to our 
navigation and keepe and increase the weltli of his Majestic and subjects 
in his dominions; there motives we hope will incurrage by the helpe of 
your care and judgment in the well management of this attairc, by which 
you will oblige. 



[B. P. R. O. Col: Ent : Book. No. 20. p. 12.] 

AN ANSWER TO CERTINE DEMANDS AND PROPOSEALLS 
MADE BY SEVERALL GENTLEMEN AND PER- 
SONS OF GOOD QUALLITY IN THE ISLAND 
OF BARBADOS TO THE LORD PRO- 
PR YETORS OF THE PROVINCE 
OF CARROLINA; WE SAY 

That we are well pleased to find soe many publick spirrits in the Bar- 
badoes as there seemes to be concerned in the Intended discovei-y of titt 
])laces to plant betweene Cape Faire and the northine lattitftde of 3L 
degrees, and cannot but commend there soe doeing although we our- 
selves had, before we did know anything of that there Intentions ; given 
order for a vessell to be sent from A'irginia to discover from Cape Hat- 
teras to Cape Floryda all the parts and places fit for the reception of 
such of his Majestie's subjects as shall desire to plant jn those parts. 

As to your desires we replye. . 



58 COLONIAL RECORDS. 



That a trew Co]>pv of our Charter hatli been« sent to the Barbados by 
M"" Tho: Colleton whoe vvilbe ready to produce and give Coppyes of the 
same, and if an exemplyfveation thereof under the broade seale shall not- 
withstanding be desired by you, we shall upon notice thereof be ready to 
send the same. 

To the 2'' demand we answer that we have sent to Coll : Tho : Modv- 
ford and Peter Colleton a declaration and proposealls under severall of 
our hands of which all doe approve, and doe herewith send a Dupply- 
cate in which is set forth the Meth-hood which we resolve to proceed in 
for the choyce of Governors, the way of Government, setlement and 
graunting of land in those parts ; from the substance \^•hereof wee shall 
not receade : which way of Government and of chooseing the Governor 
and Councell we hold to be better for the people in Generall then the Cor- 
poration way that yon demand, in which the members choasen to man- 
age the Government doe continew for there lives, and are not to be 
removed but by there owne fellowes or the Major parte of them, whoe 
may be apter to wincke at the misdemeanors of there fellow Governors 
then the people that are to be governed by them will : in whose power it 
wilbe, wee meane the peoples, at the end of every 3 yeares, to leave out 
such as have misbehaved themselves : in there election of those that are 
to be presental to the Lords Propryetors foi- a new choyse of a Governor 
and Council] notwithstanding our declaration; if it slialbe desired that 
more than U be of the (Amncill then may the undertakers propose 
duble the number they would have, and wee shall choose the Moyty of 
them ; To the .'5* demand wee consent that the Governor and Counsell 
shalbe amply and fully impowred from us to graimte such proportions 
of land to all that shall come to plant in quantity and according to the 
Meth-hood and under that acknowledgement & noe more, as in our decla- 
rations and proposealls is set forth for which they may contract and 
compound witli the Indians ; if they see fitt : and if any shall desire a 
confirmation from us, we shallje ready to give it : in as ample manner as 
they or there Council] at Law shall contrive, and likewayse we shall 
impoMer the Governor and Council] choasen as aforesaid to make choyce 
of all Officers as well Millitary and Civil], tlie Secrytary and Surveyor, 
onely excepted and arme them with all ]>owers as farr as our Charter 
will extend, for tlie well governing of the Collony or place. 

We shall likewayse indeavowr to procure liis Majestie's Letters to the 
Governors of the Barbados and Carribbia Islands; Virginia, Xew Eng- 
land and Barmothos requiring them not to hinder any fi-ee and unin- 
gaiged persons from going to Carrol ina to setle upon anv frivolos pre- 



COLONIAL RECORDS. 59 



tences whatsoever but rather to further the good and speedy settlement 
thereof : we have given power and direction to Coll : Tho : Mody ford 
and M'' Peter Colleton to treate and agree with you concerneing the 
promises, not receading from the substance of our Declaration whose 
agreement we shall ratitie so rest 

Your loveing freinds. 



PATENTS FOR LAND. 

To all whom these p'"sents shall come I Wm Berkeley K' Governor 
and Cap*. Gen'" of Virginia Greeting in our Lord God everlasting 
Whereas by Instructions from y^ kings most Exce' Majestic Directed to 
me and y" Councel of State his Majestic was graciously pleased to au- 
thorize me y° said Govern'' and councell to grant Patents and to a'^signe 
such proportions of land to all Adventurers and Planters as have been 
usuall heretolbre in y^ like Cases either for Adventurers of money or 
transportacon of people into this Collony according to a Charter (jf Or- 
ders from y* late treasurer and Company And y* y^ said Proportion of 
tifly acres of land be granted and assigned for every '^son Transported 
liither since midsumer 1625 and y' y" same course be continued to all 
j\.dventurers and Planters untill it shall be otherwise determined by his 
Majestic Now know y^ y' I the s"^ S"^ Wm Berkeley K' &c Doe w' y" con- 
sent of y* Councell of State accordingly Give and Grant unto M' Tho : 
Relfe Seven hundred and fifty Acres of land Lying on y* Southwest side 
of Pascjuotank River Begining at a Small cypresse at y^ mouth of a 
Swamp and runing by Tho : Keele his land into y'' Woods South west 
and by West 320 pole then N : West & by N. 375 Pole then N East & 
by East to a Marked Sypresse in y^ cod of a Bay being one of M"^ ffor- 
sons marked trees and soe along y* Bay to y^ Point in y' River and 
downe the said River of Pasquotanck to y* first Station y" said land 
being due to y^ said Thomas Relfe by and for y" transportacon of fifteen 
Persons into this Collony \vhose names are in the Record menconetl under 
this Patent To have and to hold y' said land w" his due share of all 
Mines and Mineralls therein Conteined w* all Rights and Previleges 
of Hunting Hawking fishing tfowling w* all Woods Waters and Rivers 
w' all Profitts Comoditys and heriditam'" w'soever belonging to y' said 
Land to him y' said Thomas Relfe his heirs and assignes for evei- in as 
large and ample Manner to all Litents and pur])osesas is Expressed in a 



60 COLONIAL RECORDS. 



Charter of Oi'ders from y" late treasurer and Company Dated y° 18th of 
November 1618 or by Consequence may be justly Collected out of y^ 
same or out of y° Letter Patents whereon they are Grounded to be held 
of our Soveraigne lord y" kuig his heires and and Successors for ever as of 
his Manner of East Greenwich in free and Comon soccage and not in 
Capite nor in K'' Service Yielding and paving unto our s'* soveraigne 
Lord y'' king his heires and successors tor every titty acres of land hereby 
Granted yearly at ye feast of S' Michael y" Archangell y' fe rent of one 
shilling Which paym* is to be made yearly from year to year according 
to his Majesties Instructions of y" 12"" of September 1662. Provided 
y' if the said Tho : Relfe his heires or assignes doe not seat or plant or 
cause to be seated or j^lanted upon y^ s* Land w*in three years after y' 
next Insueiug y' then it shall be lawfull for any Adventurer or planter 
to make Choice and seat thereupon Given at James Cyty under my hand 
and y' seal of y^ Collony y^ 25*'' day of September 1663 & in y' 15'" 
year of y* Reigne of our Sovereige Lord king Charles y^ Second &c 

WILLIAM BERKELEY 



To all to whom these p'sents shall come I Wm Berkeley K' Governor 
and Cap' Gen""" of Virginia send Greeting in our L** God everlasting 
Wheras by Instructions from y" Kings most Exce' Maj"' directed to me 
and y' Councell of State his Maj«stie was graciously pleased to authorize 
me y* said Governor and Councell to grant patents & to assign such pro- 
portions of land to all adventurers and planters as hath been usual here- 
tofore in like cases either for adventurers of money or transportacon of 
people into this Colony according to a Charter of orders from y" late 
treasurer & company and y' y* same proportion of fifty acres of land to 
be granted & assigned to every 'psi m transported hither' since Midsumer 
1625 and y' y'^ same Course be continued to all adventurers and planters 
untill it shall be otherwise determined by his Majestic. 

Now know yee y' I y' s* Wm Berkeley K' &c doe with y' consent of 
y' Councell of State accordingly give and grant to Robert Peel three 
hundred and fifty acres of land Lying on y* South west side of Raspi- 
tanck River between y** Innd of D"" Relpli and y* land of John Battle 
containing on y* River side one hundred and eighty pole & running South 
\A"est & by West into y' M'ood three hundred and twenty pole y" said 
land being due to y" said Robert Peel by & for y* transportation of seven 
^sons into this Collony whose names ai'e on the Record menconed under 
tliis Patent To have cKr to hold v' said land «"■ his due share of all Mines 



COLONIAL RECORDS. 61 



A: Mineralls theriu contained w"' all rights and previleges of hnnting 
hawking fisliing fowling w"' all AN'oods Watei'.s and rivers w"" all ])rofitts 
Comodities and hereditani" w'soevcr belonging to y*^ s'' land nnto him y" 
said Robert Peel his heires & assignes for ever in as large and ample 
maner to all Intents tt pnrposes as is Expressd in a ('liarter of orders 
from y'^ late treasurer «.y: Company Dated y" IS"' of Xovendx'i- 1()1<S or 
by eonserpience may be justly colleeted o>it of y" sanie or out of the letter 
patents whereon they are grounded to be holden of our Soveraigne Lord 
y'' King his heires and successors as of his Maner of I-Cast Cxreenwich in 
free and Comon Soccage and not in Capite nor by K* Service Yielding 
and paving nnto our s'' Sovcraigne Lord y*^ king his heires and successors 
for every iifty acres of land hereby granted yearly at y" feast of S' 
Michael y* archangell ye ft'ee rent of one shilling w°'' payment is to be 
made yearly from year to year and y° first paym' to l)egin one year after 
y^ date herof according to his Majesties Instructions of y" IS"" of 7''*'' 
1 662 Provided y' if y* s* Robert Peel his heires or assignes doe not seat 
or plant or cause to be seated or planted n])on y" s'' land w*''in three yeares 
next ensueing that then it shall be lawfull for any adventurer or planter 
to make choice or seat therupon Given at James City under my hand and 
seal of y* Collony y'' 25"' of September 1663 and in y'^ 15"' year of y* 
reigne of our Soveraigne Lord King Charles y" 2'' &c 

WILLIAM BERKLEY 



To all to whom these p^'sents shall come, I S" W"" Berkley Kn' Gov- 
erno"' and Cap' Gen" of Virg* send greeting in our Lord God everlast- 
ing, whereas by instructions from the kings most Excell' maj'^' directetl 
to mee & y'^ Consell of state, his Ma'^ was graciously pleased to author- 
ize mee the s* Governo"" and C^ounsell to grant pattents & to assigne such 
proporeons of Land to all acLentur' and planters as have been nsnall 
heretofore in the like case either for adventures of money or Transporta- 
con of peojjle into this Collony according to a Charter of Orders from 
the late Treasurer & Company & that the same proportion of ffifty Acres 
of Land bee granted and assigned for every person transported hither 
since Midsom'' 1625 and that the same course bee continued to all adven- 
tur'^ and ])lanters nntill it shall be otherwise determined by his ma'-^'. 
Now know yee That I the S"" S'' W" Berkley Kn' &c Doe w"' the con- 
sent of the connsell of state accordingly gi^•e and grant nnto M'' John 
Harvey six hundred Acres of Land lyinge in a small Creeke called Cnra- 
tuck falling: into the the River of Kecouur-htancke w"*" s'' River falls into 



62 COLONIAL RECORDS. 



Carolina begining att a marked pokikerv & runinge East South East into 
the woods three hundred and t^\'enty pc»le, then Nor : Nor : East three 
hundred pole, then West Nor: West thi-ee hundred and twenty pole to a 
marked Cedar att the mouth of swamp upon the afores** Creeke and soe 
downe the s* Creeke to the first station. The s'' Land being due to the 
s'' M" John Harvey by & for y* transportacon of twelve persons into this 
Collony whose names are in the Record nienconed und'' this pattents To 
have and to hold the s** Land with his due share of all mines & mineralls 
therein conteined, with all Rights & priviledges of hawking hunting, 
ffishing & ffowling w"' all woods waters & Rivers w"" all profitts Como- 
dities & hereditam*' whatsoever belonging to the s*^ Land, unto him the s* 
M'' John Harvey his heirs & assignes for ever in as large & ample manner 
to all intents and purposes as is expressed in a Charter of Orders from 
the s"" Treasui-^' & Company dated the 18* day of Novem' 1618 or by 
consequence may bee justly collected out of the same or out of the Let- 
ters pattents whereon they are grounded. To be held of o' Soveragne 
Lord the King his heirs and successors for ever, as of his Manno' of East 
greenwich in free & comon soccage & not in Capite nor by knight ser- 
vice Yielding & paying to our s'' Soveraigne Lord the King his heires & 
success'^ for every ffift}- acres of Land hereby granted yearely att the 
feast of S' Michaell the Archangell the ffee rent of one shilling, which 
pavm' is to bee made yearely from yeare to yeare according to his 
Maj"'' Instructions of the 12"' of Septem"' 1662 provided that if the s'* 
M'' John Harvey his heires or assignes doe not seate or plant or cause to 
be planted or seated upon the s** Land within three yeares next ensueing 
That then itt shall be lawfull for any adventur' or planter to make theire 
and seate thereupon. Given at James Citty under my hand and the scale 
of the Collony this 25"' off Septem'' 1663 and in the ffifteenth yeare of 
the Raigne of o" Soyeraigne Lord, King Charles the Second &c. 

WM BERKLEY 



To all to whom these presents sliall come, I S"' Willm Berkley Kn' 
Governo"' and cap* gener" of Virgi"^ send Greeting in our Lord God ever- 
lasting whereas by instructions from the Kings most Excellent Maj'-' 
directed to mee & y' Councill of state, his Ma'^ was graciously pleased to 
Authorize mee the s** Govern'' and Councill to grant pattents & to assigne 
sucli proportions of Land to all Adventur' & planters as have beene 
usuall heretofore in the like cases, either fir Adventurers of money or 
Transjiortacon of peojile into this Collony, Acc<jrdinge U> A Charter of 



COLONIAL RECORDS. 63 



Orders from y" late Treasurer tt C'ompaiiy, & that the same proporcon 
of ffifty Acres of Land l)ee granted and assigned for every person Trans- 
ported hither sine Midsumer ] 625 ct that the same conrse bee continued 
to all Adventurers & ])lanters until itt shall hee otherwise determined by 
his Ma'\ Now Know yee that I y' s* S'' W" Berkley Kn' &" doe with 
the consent of the Councill off state accordingly Give & grant LTnto INI'' 
John Harvey Two hundred ct tfitty acres (if Land lying on the River of 
Carolina begining att & marked Red oake on y'' River side by Rodger 
William's Land ct runing downe the s"* River to A marked pine, then 
Nor : Nor : East three hundred & Twenty pole, then to the miles end of 
Rodger Williams his Land & soe by his Trees South West to the first 
station, y" s** Land being due to the s"* John Harvey by & for the trans- 
portacon of ffive persons into this Collony, whose names are in the Re- 
cords mentioned und" this pattent. To have and to hold the s'* Land 
w*'' his due share of all Mines and Mineralls therein conteined, w* all 
rights & priviledgfes of hawking hunting ffishing & ifowling ; with all 
Woods, Waters & Rivers, With all profitts, comodities and Hereditam'* 
whatsoever belonging to the s** Land, to hira the s'' M'' John Harvey his 
heirs and assignes for ever ; in as large & ample manner to all intents 
and purposes as is exprest in A Charter of Orders from the late Treasu- 
rer and Company, dated the IS**" day of Novem"" 1618 or by consequence 
may bee justly collected out of the same, or out of the Letf'^ pattents 
whereon they are grounded ; To bee held of our Soveraigne Lord the 
King his heirs and successors for ever, at all his nianno^ of East Greene- 
wich in free & Comon Soccage & not in Capite nor by Knight service 
Yielding and payinge to our s** Soveraigne Lord the King his heires and 
Successors for every ififty Acres of Land hereby granted yearely att 
the feast of S' Micheall Th archangell the fee Rent of one shillinge, 
^vhich paym' is to bee made yearely from yeare to yeare — according to 
his Ma"" Instructions of the 12"' of Septem"" 1662. Provided that if 
the s** Mr John Harvey his heirs or assignes doe not seate or plautt, or 
cause to be planted or Seated upon the s'^ Land within Three yeares next 
ensueing That then itt shall be Lawfull for any Adventurer or planter to 
make theire and Seat thereupon. Given att James Citty under my hand 
and the Scale of the Collony this Twenty fhtli day of Septm"^ 166.">. 
And in y° ffifteenth yeare of the Reigne of our Soveraigne Lord King 
Charles the Second &c WILLIAM BERKELEY 



64 COLONIAL RECORDS. 



To all to whom these j/sents shall come, I S' Willin Berekeley Kn' 
Gov"" &c : and e-ap* Gem*" of Virginia send Greeting in our Lord God 
everlasting, whereas by Instructions from the Kings most Excellent 
Maj"* directed to mee & the Councell of State ; his Maj"^ was graciously 
pleased to authorize mee the s** Govern'' and councell to grant pattents, 
and to assigne such proportion of Land to all Adventurers & planters 
as have usuall heretofore in y'^ like cases, either for Adventurers of money 
or transportacon of people into this Collony according to A Charter of 
orders from the late Treasurer & Company : and that the same propor- 
tion of ffifty Acres of Land bee granted & assigned for every person 
traiis])orted hither sine Midsumer 1625: And that the same course be 
continued to all Adventurers <& plantors untill it shall bee otherwise de- 
termined by his Maj"" Now Know yee that I the said S" Willm Berkeley 
Kn' Gov'' &c tloe with the consent of the Councell of state accordingly 
give & grant unto cap' John Jenkins Seven hundred Acres oif Land, 
being a necke of Land bounded on the South with the River Carolina, 
on the North with pyquomons River on the East w"" y" mouth of 
pyquomons &c Carolina, & on the \^\■st with A great swamp w"'' 
parted this Land from Thomas Jarvis his Land, To have and to hold 
the s** Land with his due there, of all Klines (the said land being due to 
the s'^ John Jenkins by and for the transportacon of ffourteene persons 
into this Collony Whose names are all in the record mentioned und"" this 
patteut) and Miueralls therein contained, witli all rightes & priviledges 
oif hunting, hawking, tfishing t\r ffowleiug, with all Woods, Waters & 
River, with all prolitts, Coinodities and hereditam" whatsoever belonging 
to the said Land, to him the said John Jenkins his heirs & assignes for 
ever; in as ffree and ample maiuier to all intents tt purposes as is ex- 
prest in a Charter of Orders from the late Treasurer & Company dated 
the l!^th of Xovem'" 1618 or by consequenc may bee justly collected out 
off the same, or (nit of the Letf'* patents AA'hereou they are grounded to 
bee held of our Soveraigne Lord the King his heires and Successors for 
every ffity acres for ever, as of his Manno'' of East greenwitch in free and 
comon Soccage & not in Capite nor by Kn'' service. Yielding and pay- 
Inge to our s'' Soveraigne Lord the King, his heirs and Successors for 
cverv ffifty acres of land hereby granted, yearly att y" ffeast of S' Micheall 
the Arx-hangell the ifee rent of one shilling, which paym' is to be made 
vearlv from vear to year from tlie first entry of tlie Survey it rights in the 
Secretaries office l:)earing date w"' these presents, according to his Majes- 
ties Instructions of the 12'" of Septem'' 1662 provided that if tlie *■* John 
Jenkins gent* his heirs or assignes doe not seat or plant, or cause to bee 



COLON! A I. TJF.CORDS. 65 



planted or seated, upon the s'^ Land witliin three years next ensuing, then 
it shall bee lawfuU for any Adventurer or planter to make choice & seat 
thernpon. Given att James Cyttie under my hand & the seal of the 
Collony this 25"" day of Septem'' 1663. And in the ffifteenth year of 
the reigne of our Soveraign Lord King Charles the Second &c. 

WILLIAM BERKELEY 



To all to whom these p'sents shall come I S" Willfn Berkeley Kn* 
Gov'' and cap' Gener" of Virg* send Greeting in our Lord God everlast- 
ing whereas by instruccos fri>m the kings most Excellent Maj'" directed 
to mee & the Councill of State his Maj''" was graciously pleased to author- 
ize mee the s* Govern'' & Councill to grant pattents and to assigne such 
proportions of Land to all adventurers & planters as have been usuall 
heretofore in the like cases, either for adventurers of money or transpor- 
tacon of people into this Collony according to a Charter of Orders from 
the late Treasurer & Company & that the same proporticon of ffifty Acres 
of Land bee granted and assigned for every person transported hither Sine 
midsumer 1625. And that the same course bee continued to all Adven- 
turers & plantors untill it shall bee otherwise determined by his Ma"" 
Now Know yee that I y' said S' W" Berkeley Kn' &c doe with the con- 
sent of the Councill of state accordingly give & grant unto M"" Thomas 
Relfe seven hundred & fifty Acres of Land lying on the South- West 
side of paspatanck River, begining at a small marked C*ypress att the 
mouth of a swamp & runing l)y Thomas Keele his land into the wood 
so West & by West 320 pole then Nor: West & by No: 375 pole, then 
Nor: East & by East to a marked Cypress in the Codd of A Bay being 
one of JNI'' fiersons marked trees and so along the Bay to the point in the 
River, & downe the said River of pas})atanck to the first station : the s"* 
land being due to him the said Th(jmas Relfe by & fi)r the transportacon 
of ffifteen persons into this Collony whose names are in the Records 
mentioned und"" this pattent To have and to hold the s*^ land with his 
due share of all mines & mineralls therein conteined, w"' all rights & 
priviledges of hawking, hunting ffishing & Howling; with all woods, 
waters & Rivers with all profitts, Comodities & hereditam*^ whatsoever 
belonging to the said Land to him the s* Thomas Relfe his heirs & 
assignes for ever : In as large cK: ample manner to all intents & purposes 
as is exjirest in a Charter ott' orders from the late Treasurer & Company ; 
dated the 18"" of Novemb'' 1618 or by consecpienc may bee justly col- 
lected out of the same, or out (if the I^etters pattents whereon they are 
5 



66 COLONIAL RECORDS. 



grounded. To bee held of our Sovereigne Lord the King his heirs & 
successors for ever, as of his maunor of East Greenwieli in free & eomon 
soccage, & not in capite, nor by Kn*^ service. Yielding & paying to our 
s'* Sovereign Lord the King his heirs and Successors for every ffifty acres 
of Land hereby granted yearly at the feast of S' Michael the Archangell 
the ftee rent of one shilling, which payni' is to be made yearly from year 
to year according to his Ma*'"^ instructit)ns of tlie 12"' of Septem'' 1662. 
Provided that if the s"* Thorn* Relfe his heirs or assignes doe not seat or 
plant, or cause to bee planted or seated upon the s* Land within thi'ee 
years next ensuing, That then itt shall bee lawfull foi- any Adventurer 
or plantor to make choise & seat thernjwn. Given att James Citty 
under my hand & the seal of the Collony this 25"' day of Septem'' 1663. 
And in the ffifteenth year of the reigne of our Soveraigne Lord King 
Charles the Second &c 

WILLIAM BERKELEY 



To all to whom these presents shall come I S'' William Berkeley Knight 
Governo" and Cap* Generall of Virginia, send greeting in our Lord god 
everlasting, whereas by Instructions from the Kings most Excellent Maj- 
esty directed to mee and the Counsell of State, his Majestic was Gra- 
tiously pleased, to Authorize mee the s* Governo'' and Councell to grant 
Pattents, and to Assigne such proportion of Land to all Adventurers and 
planto''* as have been usuall Heretofore In like Cases Either for Adven- 
ture'" of money or Transportation of People Into this Collony, according 
to a Charter of orders ffrom the late Treasurer and Company, and that 
the same proportion of fifty Acres of Land be granted and Assigned for 
Every person transported hither since Midsummer 1625, and that the 
same Course be Continued to all Adventurers and plant''* untill It shall 
be otherwise determined by his Majesty, Now Know ye that I y" s*^ S"^ 
William Berkley Kn' Governo' &c : doe w"' tlie Councell of State, Ac- 
cordingly give and grant, unto George Catchmeyd of Treslick Gen" 
ffifteen hundred Acres of Land Lying In A bay of y" River Carrolina 
begining at the mouth of swamp w* parts his Land from Cap* Jenkins 
Land, and soe up the River of Carrolina to a small Ci'eek, and up the 
said Creek Ifrom the River of Carrolina north and be west 320 poles then 
East and be north 750 poles towards the head of the said swamp by y'' 
River of pequimmin, and soe downe the said swamp by Cap* Jenkins 
Land to the first Station, the said Land being due unto y" s^ George 
Catchmeyd by and for the Transportation of thirty Persons Into this 



COLONIAL RECORDS. 67 



CoUony wliuse nuiiie.s are all oiio I lit' Records mentioned under this Pat- 
tent, To have and to hold the s"" I^and with all his due shares of all mines 
and mineralls therein Contained, with all Rights and priviledgesofluint- 
ino- hawking fishing and t'oMling, with all Wo<.)ds and waters and 
Rivers, with all profits Coinodities and hereditaments wliatsoever 
belonging to the said Land, To him the said (ieorge Catchmeyd 
his heirs and assignes for ever, In as free and ample manno"" 
to all Intents and Purposes, as is Expressed in a Charter of orders, from 
the late Treasurer and Company Dated 18"" November 1618 or by Con- 
sequence may be Justly Collected out of y'^ same, or out of the Letters 
Pattents whereon they are Grounded to be held of our Sovereigne Lord 
the King his heirs and successors, fitbr every fifty acres for ever as of his 
manno'' of East Greenwich In free and Common Soccage, and not In 
Capite nor by Kn' Service, yielding and Paying to on'' Sovereign Lord 
y" King his heirs and successors, for every fhfty Acres of Land hereby 
Granted yearly at the feast of S' Michaell the Archangell, the ffee Rent 
of one shilling, which payment is to be made yearly from yeare to yeare 
ffrom y^ first Entry of y" siu'vey and Rights In the Secretaries office 
bareing date with these presents according To liis Majesties Instnictions 
of y* 12'" of Septem*"' 1662 provided that If the said George Catchmeyd 
Gen" his his heirs or assignes doe not seate or plant, or Cause to be seated 
or planted upon y^ said Land, within three years next Insuing, then It 
shall be Lawful for any Adventurer ov Planto'' to make Choyce and seat 
thereupon. Given at James Citty under my hand and seale of y' Collony 
this 25"' of Sep"' 1663 and In the fifteenth yeare of y' Reigne of our 
Sovereign Lord King Charles y' Second &c : 

WILLIAM BERKELEY. 



REPORT OF COMMISSIONERS SENT FROM BARBADOES 
TO EXPLORE THE RIVER CAPE FEAR, IN 1663. 
f 

[Reprinted from Lawson's History of North Carolina, p. 113.] 



From Tuesday, the 29"' of September, to Friday, the 2'' of October, 
we ranged along the shore from lat. 32 deg. 20 min. to lat. 33 deg. 11 
min., but could discern no entrance for our ship, after we had passed to 
the northward of 32 deg. 10 min. On Saturday, October 3, a violent 
stfirm overtook us, the wind between north and east ; which easterly 



68 COLONIAL RECORDS. 



winds and Ibid weather continued till Monday the 12*''; by reasons of 
which storms and foul weather we were forced to get oflF to sea, to secure 
ourselves and ship, and were driven by the rapidity of a strong current 
to Cape Hatteras, in lat. 35 deg. 30 min. On Monday the 12''', afore- 
said, we came to an anchor in seven fathoms at Cape Fair Road, and 
took the meridian altitude of the sun, and were in lat. 33 deg. 43 min., 
the wind still continuing easterly, and foul weather till Thursday the 
I'S***; and on Friday the IG**", the wind being at N. W., we weighed and 
sailed up Cape Fair River some four or five leagues, and came to an 
anchor in six or seven fathom, at which time several Indians came on 
board, and brought us great store of fresh fish, large mullets, young 
bass, shads, and several other sorts of very good, well-tasted fish. On 
Saturday the 1 7"', we went down to the Cajje to see the English cattle, 
but could not find them, though we rounded the Cape. And having an 
Indian guide with us, iiei'e we rode till October 24"". The wind being 
against us, we could not go up the river with our shiji ; but went on 
shore and viewed the land of those (piarters. 

On Saturday we weighed, and sailed up the river some four leagues or 
thereabouts. 

Sunday the 25"" we weighed again, and rowed up the river, it being 
calm, and got uj) some fourteen leagues from the harbor's mouth, where 
we moored oiu* ship. 

On Monday, October 26"^, we went down with the yawl to Necoes, an 
Indian plantation, and viewed the land there. 

On Tuesday the 27"" ; we rowed up the main river with our long boat 
and twelve men, some ten leagues or thereabouts. 

On AVednesday the 28*, we rowed up about eight or ten leagues more. 

Thursday the 29"' was foul weather, with much rain and wind, which 
forced us to make huts and lie still. 

Friday the 30**" we proceeded up the main river seven or eight leagues. 

Saturday the 31^', we got up three or four leagues more, and came to 
a tree that lay across the river ; but because our provisions we almost 
spent, we proceeded n(j further, but returned down\\'ard before night ; 
and on Monday, the 2'' of November, we came aboard our ship. 

Tuesday the 3'' we lay still to refresh ourselves. 

On ^^^ednesday the 4"", we went five or six leagues up the river to 
search a branch that run dut of the main river toward the northwest. In 
which we went up fiNc or six leagues; but not liking the land, returned 
on board tluit night about midnight, and called that place Swampy 
Branch. 

Thursday, November 5"', we stayed aboard. 



COLONIAL RECOEDS. 69 



On Friday the 6"', we went up Green's River, the mouth of it being 
against the phice at which rode our ship. 

On Saturday the 7"*, we proceeded up the said river, some fourteen or 
fifteen leagues in all, and found it ended in several small branches. The 
land, for the most part, being marshy and swamps, we returned towards 
our shi]>, and got aboard it in the night. 

Sunday, November the S"', we lay still ; and on Monday the 9"" went 
again up the main river, being well stucked with provisions and all 
things necessarv, and proceeded upward till Thursday noon, the 12"", at 
whicli time we came to a place where were two islands in the middle of 
the river; and by reason of the crookedness of the river at that place, 
several trees lay across both branches, which stopped the passage of each 
branch, so that we could proceed no further with our boat; but went up 
the river side by land some three or four miles, and found the river 
wider and wider. So we returned, leaving it as far as we could see up, a 
long reach running N. E., we judging ourselves near fifty leagues north 
from the river's mouth. 

We saw mulberry-trees, multitudes of grape-vines, and some grapes, 
which we eat of We found a very lai-ge and good tract of land on the 
N. W. side of the river, tliin of tindjer, except here and there a very 
great oak, and full of grass, conunonly as high as a mans middle, and in 
many places to his shoulders, where we saw many deer and turkeys ; one 
deer having verv large horns and great body, therefore called it Stag- 
Park. 

It being a very pleasant and delightful place, we travelled in it several 
miles, but saw no end thereof So we returned to our boat, and pro- 
ceeded down the river, and came to another place, some twenty-five leagues 
from the river's mouth on the same side, where we found a place no less 
delightful than the former; and, as far as we could judge, both tracts 
came into one. This lower place we called Rocky Point, because we 
found many rocks and stones of several sizas upon the land, which is not 
common. We sent our boat down the river before us, ourselves travelling 
by land many miles. Indeed we were so much taken with the pleasant- 
ness of the country, that we travelled into tlic woods too far to recover 
our boat and company that night. 

The next day, being Sunday, we got to our boat; and on Monday, the 
1 G"* of November, proceeded down to a place on the east side of the river, 
some twenty-three leagues from the harbor's mouth, which we called Tur- 
key Quarters, because we killed several turkeys thereabouts. We viewed 



70 COLONIAL RECORDS. 



the land there and fonnd some tracts of good gronnd, and high, facing 
upon the river about one mile inward; but backward, some t\\c) miles, 
all pine land, but good pasture-ground. 

We returned to our boat and proceeded down some two or three leagues, 
where we had formerly viewed, and found it a tract of as good land as 
any we have seen, and had as good timber on it. Tlie banks on the river 
being high, therefore we called it High Land Point. 

Having viewed that we proceeded down the river going on shore in 
several places on l)oth sides, it being generally large marshes, and many 
(if them dry, that they may more fitly be called meadows. The wood- 
land against them is, for the most part, pine, ami in some places as barren 
as ever we saw land, but in other places good pasture ground. 

On Tuesday, November the IT"" we got aboard our ship, riding against 
the mouth of Green's .River, where our men were providing wood, and 
fitting the ship for sea. In the interium we took a view of the country 
on both sides of the river there, finding some good land, but more bad, 
and the best not comparable to that above. 

Friday the 20"' was foul weather ; yet in the afternoon we weighed 
went down the river about tNvo leagues, and came to an anchor against 
the mouth of Hilton's River, and took a view of the land tliere on both 
sides which appeared to us much like that at Green's River. 

Monday the 23**, we went with our long-boat, well victualled and 
manned, up Hilton's River ; and when we came three leagues or there- 
abouts up the same, we found this and Green's River to come into one, 
and so continued for four or five leagues, which makes a great island 
betwixt them. We proceeded still up the river till they parted again ; 
keeping up Hilton's River, on the larboard side, and followed the said 
river five or six leagues further, where we found another large branch of 
Green's River to come into Hilton's which makes another great island. 
On the starboard side going up, we proceeded still up the river, some 
four leagues, and returned, taking a view of the land on both sides, and 
then judged ourselves to be from our ship some eighteen leagues W. and 
by N. * * * * * * * 

Proceeding down the river two or three leagues further, we came to a 
place where there were nine or ten canoes all together. We went ashore 
there and found several Indians, but most of them were the same which 
had made peace with us before. We stayed very little at that place but 
went directly down the river, and came to our ship before day. 

Thursday the 26"' of November the wind being at south we could not 
o-o down t(i the river's mouth ; but on Frida}' the 27"" A\-e weighed at the 



COLONIAL RECORDS. 



mouth of Hilton's River, and yot down a league towarils^ the harbor's 
mouth. 

On Sunday the 29*'' we got doMU to Crane Island, which is four leagues 
or thereabouts above the entrance of tlie harbor's mouth. On Tuesday 
the 1" of December, we made a jMU'chase of the river and land of Cape 
Fair, of Wat Coosa, and such otlici- Indians as appeared t() us to be the 
chief of those parts. They l)ri)Uglit us store of frcsji fish alxtard, as 
mullets, shads, and other soi-ts, ver\- good. 

'i^ * t- ■■:■ t- :':- ;;; * 

\\'hereas tliere was a writing left in a post, at the point of Cape Fair 
River, by those Xew England men that left cattle with the Indians there, 
the contents whereof tended not only tti the disparagement of the land 
about the said river, but also to the great discouragement of all such as 
should hereai^er come into those parts to settle. In ans\\'er to that scan- 
dalous writing, we, whose names are underwritten, do affirm, that we 
have seen, facing both sides of the river and branches of Cape Fair afore- 
said, as good land and as ^\ell timl)ered as any we have seen in any other 
part of the world, sufficient to accommodate thousands of our English 
nation, and lying commodiously by the said river's side. On Fridav 
the 4* of December, the wind being fair, we put out to sea, bound for 
Barbadoes; and on the 6"' of February, 1663-4, came to an anchor in 
Carlisle Bay — it having pleased God, after several apparent dangers 
both by sea and land, to bring us all in safety to our long wished for 
and much desired port, to render an account of our discoverv, the veritv 
of which we do assert. 

ANTHONY LONG. 

WILLIAM HILTON. 

PETER FABIAN. 



1664. 

[B. P. R. O. Lol; Ent: Book. No. 20. p. 17.] 

Edward Earle of Clarendon Lord High Chancellor of England, George 
Duke of Albemarle, C'aptain Generall of all his Majestie's Forces, in the 
Kingdomes of England, Scotland and Ireland, and Master of the Horse, 
William Lord Craven, John Lord Berkeley, Anthony Loi-d Ashlev, 



72 COLONIAL RECORDS. 



Chancellor of the Exchequer, Sir George Cartrel, Vice Chamberline of 
his Majestie's laousehold, Sir William Berkeley kniglit and Sir John 
Colleton knight and Barronet, The trew and absolute Lords Propryators 
of all the Province of Carrolina ; 

To our Trusty & well beloved Rol)' Samford Greeting : 

Wee being well assured of your wisdome jirndence and integrity, have 
thought fitt, and doe by these presents nominate, constitute and appoint 
you our Secrytary and Chiefe Register for our County of Clarendon in 
the Province aforesaid hereby authorizing you and giving you full power 
to be present at all meetings, of our Governor and Privy Councell, of 
the said Couutv, and to take and keepe, an exact register, of all there acts, 
orders and constitutions, as alsoe to receave from our Surveyoi" Generall 
of the County aforesaid all certificates of Lands, by him leyed out and 
surveyed, either for us in partic«ular, or for any other persons according 
to warrants from our Governor and Councell or the Major parte of them ; 
and the same certifficates carefully to register and fyle in your office, and 
there upon by virtue of such warrant as you shall receave, from our said 
Governor and Councell or the Major parte of them ; to draw up such 
lease or leases, conveyance or assurances of Land fi-om us and in our 
name, as shall accord with the said Certificate, and the fi)rme of Assur- 
ances by us prescribed, which being syned Iw our Governor and Councell 
or Major parte of them, and sealed with (Uir Scale of the said County, 
according to our said Prescriptions, you shall carefully inroll the same, 
in your said office, that recourse may be there unto had on all occasions, 
and these and all other act and acts, thinge and things, which doe and 
shalbe longe and appertayne to the office of our Secretary and register 
within our said County, you are faithfully to doe and performe, according 
to such orders and constitutions as you shall receave from us, or our 
Governor, or our Governor and Councell or the Major parte of them, to 
the best of vour judgement and skill, and for your doeing the same, or 
any of them, you shall receave such salleryes, fees and perquisites, as by 
us and our General! Assembly of the said County shalbe appointetl and 
none other. Given under our greate Scale of our said Province, the 
fowerteenth day of November in the yeare of our Lord, one thousand, 
six hundred, sixty and fower. 



COLONIAL RECORDS. 



[B. P. R. O. Col: Ent: Book. No. 20. p. 17. 18.] 

Edward Earle of Clarendon Jjord Hioh Clianccllor of England, 
George Duke of Albemarle &e. The trew and absolute Ijords Proprya- 
tor.s of all the Province of Carolina. 

To our Trusty and well beloved John Vassall, Greeting; 

Wee being well assured of your Avisdonie, prudenee and integrity, have 
thought titt and doe by these presents nominate, constitute and appoint 
you our Surveyor Generall of oin- County of Clarendon in the Province 
aforesaid by yourselfe or such as you shall depute and appoint to ley out, 
bound and survey all allotments of Land, Generall or purticuler, pub- 
licke or private, wheather relateing to us particculerly or to other persons 
per graunte from us, according to such warrants and directions as you 
shall from time to time receave from our Governor and C'onncell of our 
said County or the major parte of them, as alsoe trew certificates to make 
of the scituations, boiuids, cpiantities and Lines of all Lands soe leyd out 
mentioning the persons for wliome, and the order you receaved for your 
soe doeing, which Certificate you shall direct to our Secrytary, and reg- 
ister of the said County for the time being that he may enter and fyle 
the same, and these and all other act and acts, thinge and things which 
doe or shall belong and appertayne to the office of our Surveyor Generall, 
within the said County, you are faithfully to doe and performe (accord- 
ing to such orders and Instructions as you shall receave from us, or our 
Governor, or our Governor and Councell, or the major parte of them) to 
the best of your Judgement and skill and for your doeing the same or 
any of them, you shall receave such salleryes, fees and perquisites as by 
us and our Generall Assembly of the said County shalbe appointed and 
none other. Given under our Greate Seale of our said Province, the 
fower and twentith day of November, in the yeare of our Lord 16G4. 



[B. P. R. O. Colonial Papees. Vol. 18. p. 148.] 

AT THE COURT AT WHITEHALL. 

The 25"' of November 16rt4 

PRE.SENT. 

The Kings Most Excellent Majesty. 
The Arch Bish : of Canterb : Earl of Bathe. 

Lord Treasurer. Earl of Ijanderdail. 

6 



74 COLONIAL RECORDS. 



Lord Privy Seale. Lord Bish : of London. 

Duke of Buckingham. Lord Wentvvorth. 

Duke of Ormond. Lord Berkley. 

Lord Great Chamberlain. Lord Ashley. 

Earl of Berkshire. M'' Secretary Bennet. 

Earl of Anglesey. S'' Edward Nicholas. 

Whereas a Petition was presented to his Majesty by Colonell Moryson 
Agent for the Colony of Virginia in the Name of the governor., Conn- 
cell, and Burgesses there giving an Account of their proceedings upon 
his Ma*'*' Instructions for Commissioners to be nominated for the Plan- 
tacons of Virginia, and Maryland to meet, and hear of the most conve- 
nient way of lessening the Quantity of ToIkxcco in those Plantacons 
which being read at the board it was ordered the lO*** of August last 
that y' Lord. Balteniore, Lord, and Proprietary of Maryland, should 
have a Copy of the said peticon, and both Partyes he heard, at the Board 
the first Couucell day after Michaelmas, and accordinly upon the 5"' of 
October the said busines was resumed, and after hearing the debates on 
both sides their Lo''^ did then order that the Lord Baltemore, Colonel 
Moryson, S"" Henry Chicheley Knight, Edward Digg's, and John Jef- 
freys Esq", and others concerned in the Colony of Virginia Should meet 
to consider of, and frame an Agreement between themselves, and that if 
they could not joyntly agree thereupon then each party to dra^v up dis- 
tinct Proposalls, and deliver them to the Board, that the Lords Com- 
mittees of Plantacons might be desired to meet, and consider thereof, 
and Report their opinions to his Majesty whereupon no Agreement being 
Settled between them, the said Colonell IMoryson, S' Henry Chicheley, 
Edward Digg's, and John Jeffreys did upon the 16"' present deliver in 
Proposalls which they conceived conducible to the good of Virginia, and 
the Lords Committees taking the same into serious Consideracon on the 
19"" Instant, and having fully heard the Lord Baltemore, and S' Henry 
Chicheley, Colonell Moryson, M'' Diggs, and M'' Jeffreys, touching the 
said Proposalls, and Consulted with the Farmers of his Ma*'*^ Customs 
thereupon their Lo**"" thought fitt humbly to represent to his Majesty. 

1. First, That the Proposall touching a Cessation, stint or limitation 
of planting Tobacco in the said Plantacons is inconvenient lioth to the 
Planters and to his Ma*'**" Customes. 

2. That the Proposall for limiting a time for Ships to return from 
Virginia or Maryland will be prejudicial both to y" Planters and his 
Ma""' Customes. 



COLONIAL RECORDS. 



3. For iufourageincnt of Plantfi's in tlic said Colonics to apply them- 
selves to the Planting other Coniodities which may be of more benefit 
than Tobacco, his ]\Ia'^' wonld be pleased to permit that all the Hemp, 
Pitch and Tarr of the growth, Prodnction or inannfacture of Virginia 
and Maryland, whicli should be brought into this Kingdome, for the 
space of 5 years from the date hereof might be Custome ffree. 

Which report being read at the Board his Ma*^' present in Councill, 
and concurring In all particulars with y*' Lords of the said Comiuittee 
did order that there should be noe cessacon, stint, or limitation imposed 
on the planting tobacco in Virginia, or Maryland, nor any time limited 
for ships to come from either of tluise Plantacons, but every trader thither 
to be ffree to return thence at his own time, and as his occasions should 
serve, and his Ma'^' of his Princely grace and favour being desirous to 
give all encouragement to the Planters of both Colonies, did direct that 
the Right Hon'''^ the Earl of Southampton Lord High Treasurer of 
England, and Lord Ashley Chancellor, and under Treasurer of the 
Exchequer, should give directions to the officers, and ffarmers of his 
Majesties Customes for y' time being to permitt, and suffer all the hemp, 
Pitch and Tarr, of the growth, production and Manufacture of the said 
Plantacons of Virginia and Maryland, that shall be brought into the 
Kingdome during the space of five years from the date hereof to be freely 
imported, and unladed without demanding or receiveing any Custome, or 
Imposition for the same. Provided that Care be taken by his Ma''" 
officers that under pretence hereof his Majesty be not defrauded of his 
Dues and Customes, on any Pitch, Hemp or Tarr, which is not of the 
growth. Production, or Manufactui"e of these Plantacons. 

JOHN NICHOLAS. 



1665. 

[B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 3.] 

Articles of Agreement had and made betweene Edward Earle of Clar- 
endon Lord High Chancellor of England George Duke of Albemarle 
Ma,ster of his Maj""' Horse and Captain Gen : of all his Forces, William 
Lord Craven John Lord Berkelev Anthonv Tjord Ashlev Chancellor of 



76 COLONIAL RECORDS. 



his Maj""^ Hxehe({uor S'' George Carteret K' and BaiToiiet Vice Cliam- 
berline of liis Maj*'^^ Household S'' John Colleton K' and Barr" and S'' 
W" Berkeley K' the Lords Proprief^ of the Province of Carolina of the 
one part And Maj'' W"" Yeamans of Barbados for and on the behalfe of 
S"" John Yeamans Barr" his Father CoUonell Edmund Reade Symon 
Lambert Niceolas Edwards Robert Gibbs Samuell Tidcombe Henry 
Milles Thomas Lake Tho: Maycoke John Somerhayes Bartholomew- 
Roes John Gibbs Basill Gibbs John Dickenson Thomas Gibbs Benjamin 
Rees Miles Scottow Nathanyell Meazcricke Bartholomew Rees Juno' 
John Arthur Samuell Smith Tliomas Partrige John Walice John Brent 
John Godfrey Get)rge Thompson Rob' Williams Lawrence Halske W" 
Burges Joliu Tothill James Thorpe Rob' Tothill W" Forster Thomas 
Merricke John Merrieke George Phillips Edward Jacobs Rob' Hackett 
Beniamin Waddon Rob' Johnston Thomas Dickes Tho : Clutterhooke 
John Forster \A111 : Sharpe Jolm Ham John Start Matliew Grey John 
Kerie Richard Baily Edward Thorneburgh Thomas Liston Anthony 
Long Thomas Norvill Giles Hall James Norvill Will" Woodhouse Jacob 
Scantlebury Samuell Ivambart John Forster William Byrdall Richard 
Barrett Edward Yeamans John Killicott Isaac Lovell Thomas Clarke 
John Woode John Bellomy John Greenesmith Rob' Breoitir Thomas 
Dowden Niceolas Browne John Wilson Rob' Sinckter Thomas Perkins 
James Thorpe Rob' Richards Benjaraine Hadlnt Christopher Goupher 
James Walter James Haydensen W" Birdall Mordecai Bowden Juin(/ 
George Nore Humphrey Waterman and himselfe Adventurors to and 
Setlers of some part of the Province aforesaid and of all others that 
shall adventure settle and plant in the said Province of the other part as 
followeth ; 

Whereas the said Major William Yeamans is Imployed to the said 
Lords Propriato'* by the persons above mentioned and by them declared 
under theire liands to be their Agent and Representative and that they 
have given him full power to treate propose and conclude with the said 
Lords about all matters relating to that which they have allready done 
as alsoe to wliat shalbe necessary and convenient to be done obligeing 
themselves and tlieir posterityes to accept of, stand to, and abide by what- 
soever the said Majo'' William Yeamans shall conclude of and agree upon 
in relation to the Setlement of Carolina or any jjarte thereof, Now in 
pursuance (^f the power &c given to the said Ma,io'' W"^ Yeamans by tlie 
parties above menconed. These present Articles doe witnes And it is 
covenanted graunted and agreed by and between the said jjartyes as fol- 
loweth, 



COLONIAL RECORDS. 



Imp"' Tlie «iitl Jjortls for tlieir parts their 'lieires Execat"* and Ad- 
ministrate doe covenant and promise to performe I'ullill and keepe all 
the Concessions and particnlers that are to bee by them performed and 
keept nienconed in the Concession and agreem" hereunto annext c(jntayn- 
ing the man'' of Government w"' several! Ifilunities and priviledges 
granted to all such persons as shall goe or send to plant or as are already 
planted in the respective Countyes or Collonys in these Province of 
Carolina. 

Item The Lords doe further covenant and proniis that they will cause 
to be sliipt before the first day of February next twelve peeces of Ordi- 
nance with Carr'^ges Saddles Spiinges and shott convenient and necessary 
and twenty barrels of powder one hundred fierlocks and one hundred 
Alatchlocks w"" Leatle and Bullets fitting as alsoe two hundred pare of Ban- 
dalyers for y" Armeing and Providing of a Foart to be erected and built 
neare Port Royall or neare some other harbour River or Creeke whose 
mouth or Entrance is Southward or Westward of Cape Romania in the 
Province aforesaid by the Respective Adventurers before menconed or by 
any others under their Authority. 

Item The Lords doe further covenant that every one of the Adven- 
turers of the Island of Barbados and their associates of England New 
England the Le\\'ard Islands and Barmothos that hath subscribed and 
paid or shall subscribe and pay within forty days after notice of this in 
the Barbados, and the other places unto the Treasurer or Treasurers ap- 
pointed or to be appointed by the Comittee choosen or to be choosen by 
the adventurers that are or shalbe to receave the same for the defraying 
the charge of carrying people that cannot pay for the transportation of 
themselves to port Royall or some Harbour River or Creeke whose mouth 
or Entrance is to the Southward or westward of Cape Romania and for 
y" making of soiue Fortification therefor and towards a setlement of those 
and other people in that place, and for other Nessessary Charges concern- 
ing the setlement aforesaid And shall send such proporcons of men Armed 
and provided as their owne C'omittee shall agree upon in the first ship or 
shipes that shalbe sett forth to begin a setlement there, shall have Graunted 
to them and their heirs for ever for every thousand pound of sugar sub- 
scribed and paid five hundred acres of land and soe in proportion for a 
greater or lessor some subscribed and paid as aforesaid to be taken up 
within five years after the date hereof and settled as other Lands are to 
be setled viz' with an able man ^Vrmed with a good Firelocke boare 
twelve Bullets to the pound Tenn pounds of powder and twenty poiuuls 
of Bullets with six Monthes provision within (jnc yeare after y' takeiug 



78 COLONIAL RECORDS. 



U}) of the said Land whtcli Land shalbc taken up to tlie Sontli or West- 
ward of Cape Romania and by Lotts as is proposed and pre.scril)ed in 
tlie General! Concessions and Agreements concerning the setlement of the 
respective Countyes in the said Province And shall pay one halfe penny 
ster^ for every acre English measure yearely in manor as in the Conces- 
sions hereunto annexed. 

Item The Lords doe further covenant and promis tliat whoever shall 
goe or send in the first Fleete w*"* Coll : John Yeamans he fayling with 
the first Govern' or Deputy Govern" shall have for his own head one 
hundred and fifty acres of land to him and his heires for ever English 
measure And for every able man servant he or shee shall carry or send 
armed and jn'ovided as aforesaid one hundred and fifty acres of land like 
measure, and to every such servant after the expiration of his or their 
time seaventy five acres of Land to be taken up by Lots as aforesaid in 
the place before menconed And to every other Sarv' that shall there goe af- 
ter the first fleete such qnantvties as in the Generall Declaration is exprest, 
upon \\'hich hinidred and fittv acres of land lie shalbe obliged to keepe 
one able man and noe more and in fayler thereof to forfeite the same as 
in the Generall Concessions and agreement is exprest for which land 
there slialbe reserved yearlie to the Lords their heires and assignes one 
halfe pennv "^ acre English measure to be paid in manner, as for other 
Ijands in the Concessions menconed. 
In consideration whereof 

The said Maj"^ Will : Yeamans doth covenant as well on the behalfe 
of his Father S"" John Yeamans Bar" and of Coll : Edmund Reade and 
of all the adventurers settlers and planters befoi-e exprest and of all 
others that shall adventure setle and plant as of himselfe that they shall 
for their pte perform fulfill and keepe all y" the particulers that are to 
bee by them performed menconed in the Concessions and Agreement 
hereunto annexed And that there shall be provided before the last day 
of September next two shippes of one hundred and twenty tonus each 
of them at least with Ordinance convenient in each shipp and with pow- 
der shott and provisions necessary for the transportation of such persons 
as cannot pay for the passage of themselves to the Southward of Cape 
Romania there to setle and plant and to erect a foart and in it to plant 
the Artilliry sent by the Lords afores'* for the retreate and preservacon of 
the first settlers and of those tliat shall follow In witness of truth tlie 
said Ma,]' Wm. Yeamans hath hereunto set his hand and Seale this sev- 
enth day of January In tlie sixteenth yeare of his Maj"°^ rayne Anno. 
Dom: 1664. 



COLONIAL RECORDS. 79 



The Concessions and Agreement of the Lords Propryators of the 
Province of Carolina to and with tlie adventurers of the Island of 
Barbados and their associates of England NeSv England the Carrib- 
bia Islands and Barniothos to the Province of Carolina and all that 
shall plant there In order to the setling and planting of the Countye of 
Clarendine the County of Albemarle and the County which latter 

is to bee to the southward or westward of Cape Romania all within the 
Province aforesaid. 

1 . Imp"' Wcc doc consent and agree tiuit the Governor of each County 
hath power by the advice of his Councill to depute one in his place and 
Authority in case of death or removall to continue untill our furthci- 
order unless wee have commissionated one before. 

2. Item That he hath likewaycs power to make clioyce of and to take 
to him six Councillors at least or twelve at moast or any even Number 
between six and twelve with whose advice and <^onseut or with at least 
three of the six or fower of a greater Number all being sumoned he is to 
govern according to the Ijymitacons and Instructions following during 
our pleasure ; 

3. Item That the chiefe Registers or Secretarys which wee have 
chosen or shall chuse wee fayling that hee shall chuse shall keejie exact 
enteryes in taire bookes of all publickc att'ares of the said Countyes and 
to avoyde deceiptes and lawsuits shall reconl and enter all Graunts of 
Land from the Lords to the planter and all conveyances of Land howse 
or howses from man to man, As alsoe all leases for Land howse or howses 
made or to be made by the I^andlord to any tennant for more than one 
yeare which conveyance or Lease shalbe first acknowledged by the 
Grant' or Leaso'' or proved by the oath of t\\() witnesses to the convey- 
ance or Lease before the Governor or some Chiefe Judge of a Court for 
the time being whoe shall luider our hand us grant upon the backside of 
the said deede or Lease attest the acknowledgement or proofe as afore- 
said which shalbe our grant for the Registers to record the same which 
Conveyance or Lease soe recorded shalbe good and eflt'ectuall in Law not- 
withstanding any other conveyance deede or Lease for the said Land 
howse or howses or for any part there although dated l)efore the Convey- 
ance deede or Lease soe recorded as aforesaid And the said Registers 
shall doe all other thing or things that wee by our Instructiorts shall 
direct and y^ Governors Councell and Assembly shall ordaine for the 
good and wellfaire of the said Countyes ; 

4. Item That the Surveyor Gen" that wee have chosen or shall chuse 
wee fayling that the Governor shall chuse, shall have power by himself 



80 COLONIAL RECORDS. 



or Deputy to survey ley out and bound all .such Lands as shalbe granted 
from the Lords to the Planters (and all other Lands within the said 
Countyes &c which may coucerne particular men as he shalbe desired to 
doe) And a particuler thereof certifie to the Registers to be recorded as 
aforesaid Provided that if the said Registers and Surveyors or either of 
them shall soe misbehave themselves as that the Governor asid Coinicill 
or Deputy Governor and Councill or the maj'' pte of them shall finde it 
reasonable to suspend their Actings in their respective Imployments it 
shalbe lawfull for them soe to doe untill further order from us ; 

5. Item That all choise of officers made by the Governor shalbe for 
uoe longer time then during our pleasure ; 

6. Item That the Governors Councillors Assemblymen Secretarys 
Surveyors and all other officers of trust shall s\\'are or subscribe (in a 
booke to be provided for that purpose) that they will bare trew alleagance 
to the King of England his heires and successors and that they wilbe 
faithfull to the Interest of the Lords Propryaf'' of the said Province and 
their heires executors and assignes and endeavor the peace and wellfaire 
of the said Province and that they will trewly and faithfully discharge 
their respective trusts in their respective offices and doe equall justice to 
all men according to their best skill and judgm' without corruption favor 
or affection, and the names of all that have sworne or subscribed to be 
entred in a booke; And whosoever shall subscribe and not sware, and 
shall vyolate his promis in that Subscription shall)e lyable to the same 
punishm' that the persons are or may be tliat have sworne and broken 
their oathes; 

7. Item That all persons that are or shalbecome subjects to the King 
of England and sware or subscribe allegiance to tlie King and faithful- 
ness to the Lords as above shalbe admitted to plant and become freemen 
of the Province and enjoy the freedomes & Imunityes hereafter exprest 
untill some stop or C'ontradiccon be made by us the Lords or else by the 
Governor CV)uncill and Assembly w"'' shalbe in force untill the Lords see 
Cause to the Contrary provided y' such stop shall not anywayes preju- 
dice y^ right or Continewance of any person that hath lieene rec'* before 
such stop or order come from the Lords or Gen" Assembly. 

8. Item That noe person or persons quallifyed as aforesaid within the 
Province (jr all or any of the Countyes before exprest at any time shalbe 
anywayes molested punished disquieted or called in question for any dif- 
ferences in opinion or practice in matters of religious concernment whoe 
doe not actually disturbe the civill peace of the said Province or Coun- 
tyes but that all and every such person and persons may from time to 



COLONIAL RECORDS. Xl 



time and at all times freely and fully have and enjoye his and their judg- 
ments and contiences in matt''^ of religion throughoixt all the s** Province 
they behaving themselves peaceably and quietly and not using this lib- 
erty to Lycentiousness nor to the Civil) Injury or outward disturljauce 
of others, any Law statute or clause couteyued or to be conteyned usage 
or custom of this realme of ICngland to the contrary hereof in anywise 
notw^'standing. 

9. Item That noe pretence may be taken by us our heires or assignes 
for or by reason of o"^ right of patronage and ])ow'' of advowson graunted 
unto us by his Maj'""" Letters pattents aforesaid to infringe thereby y' 
Gen" clause of Liberty of Contience aforenienconed We doe hereby 
graunt unto the Gen" assemblyes of y" sev" Countyes power by act to 
constitute and appoint such and soe many Ministers or preach'* as they 
shall thinke fitt, and to establish their maintenance Giving Liberty be- 
sides to any person or persons to keepe and mainteyne w* preachers or 
Ministers they please. 

10. Item That the inhabitants being freemen or chiefe agents to others 
of y" Countyes afores*^ doe as soone as this our Comission shall arrive 
by virtue of a writt in our names by the Governor to be for y'^ present 
(untill our scale conies) sealed and syned make choice of twelve Dejjutyes 
or representatives from amongst themselves whoe being chosen are to 
joyne with him the s"* Governor and Council! for the makeing of such 
Lawes Ordinances and Constitutions as shalbe necessary for the present 
good and welfare of the severall Cr)untyes afores*^ l^ut as soone as Par- 
ishes Divisions tribes or districcons of y'^ said Countyes are made that 
then y" Inhabitants or Freeholders of the sev" and respective Paris^hes 
Tribes Devisions or Districicons of the Countyes afores'^ doe (by our 
writts under our Scale w''*' wee Ingage shalbe in due time issued) annu- 
ally meete on y" first day of January and chuse freeholders for each 
respective denizon Tribe or parisli to l)e y'^ Deputyes or representatives 
of y'' same, which body of Representatives or y" Maj'' parte of them shall 
w"' the Governor and Councill afores'' by y" Gen" Assembly of the 
County for which they shalbe chosen, the Governor or his Deputy being 
present unless they shall wilfully refuse in w"'' case they may appoint 
themselves a president during tlie absence of the Governor or his Dep- 
uty Governor. 

Which Assemblyes are to have power. 

1. Item To appoint their own times of meeting and to adjorne their 
sessions from time to time to such times and places as they shall thinke 

7 



82 COLONIAL RECOKDS. 



Convenient as alsoe to ascertaine y* Number of their Quorum Provided 
that such numbers be not less than y^ third pte of the whole in whome or 
more shalbe y' full power of the Generall Assembly (viz') 

2. Item To enact and make all such Lawes Acts and Constitutions as 
shalbe necessary for the well Government of y* County for w""" they 
shalbe chosen and them to repeale provided that the same be consonant 
to reason and as near as may be conveniently agreable to the Lawes and 
Customes of his Maj'"' Kingxlom of England provided alsoe that they • 
be not against y' Interest of us the Ijords Proprvators our heires 
or assignes nor any of these our present concessions Espetially that they 
be not against the Article for Liberty of Contience abovemenconed, 
which Lawes &c soe made shall receave publication from the Governor 
and Councill (but as the Lawes of us and our Gen" Assembly) and be in 
force for the space of one yeare and a halfe and noe more ; Unless con- 
tradicted by the Lords Propryators within which time they are to be 
presented to us our heires &c, for our ratification and being confirmed by 
us they shalbe in continuall force till expired by their awne Limitacon 
or by Act of Repeale in like manner as afores'^ to be passed and con- 
firmed ; 

3. Item by act as afor&s* to constitute all Courts for there respective 
County es, togeather w"' y^ Lymitts powers and jurisdiccons of y° said 
Courts as alsoe y" severall ofiices & Number of Officers l^elonging to each 
of the s** respective Courts togeather with there severall and respective 
salleryes fees and perquisites Theire appellations and dignities with the 
penalltyes that shalbe due to them for breach of their severall and 
respective dutyes and Trusts. 

4. Item by act as afores'^ to ley equall taxes and assessments equally 
to rayse moneyes or goods upon all Lands (excepting the lands of us the 
Lords Proprvators before setliug) or persons within the severall precincts 
Hundreds Parishes Manors or whatsoever other denizions shall hereafter 
be made and established in y^ said Countyes as oft as necassity shall re- 
quire and in such manner ^s to them shall seeme most equall and easye 
for y^ s* Inhabitants in order to the better supporting of the publicke 
Charge of the said Goverment, and for the mutuall safety defence and 
security of y" Countyes. 

5. Item by act as afores*^ to erect within y"" said Countyes such and soe 
many Barronyes and Manors with their necessary Courts, jurisdiccons 
freedomes and priviledges as to them shall seeme convenient, as alsoe to 
devide y' s"* Countyes into Hundreds Parishes Tribes or such other deni- 
zions and districcons as thev shall thinke fitt and the said Divisions to 



COLONIAL RECORDS. 83 



distinguish by what names we shall order or direct, and in default thereof 
by such Names as they please As alsoe within any part of y' said Conn- 
tyes to create and appoint such and soe many ports harbours Creekes and 
other places for y" convenient ladeing and unlading of goods and mer- 
chandize out of shipps, boStes and other vessells as they shall see expe- 
dient with such jurisdiccons priviledges and francheses to such ports &c 
belonging as they shall judge most convenient to the gen' good of y* said 
plautacon or Countyes. 

6. Item by these enacting to be confirmed as afores'* to erect rayse and 
build within the s** Countyes or any part tiiereof such and soe many 
Forts Fortresses Castles Cittyes Corporacons Borroughs Townes Villages 
and other places of strenkt and defence and them or any of them to in- 
corporate with such Charters and priviledges as to them shall seeme good 
and our Charter will permit and the same or any of them to fortifie and 
furnish with such Proportions of ordinance po\v'der shott Armor and all 
other weapons Ammunition and Habillaments of warr both offensive and 
defensive as shalbe thought necessary and convenient for the safety and 
welfare of y' s** Countyes. but they may not at any time demolish dis- 
mantle or disfurnish the same without the consent of the Governor and 
the Major parte of the Couucill of the County where such Forts Fort- 
resses &c. shalbe erected and built ; 

7. Item bv act as afores** to constitute trayne bands and Companys 
with the number of souldiers for the safety strength and defence of the 
said Countyes and Province and of the Forts Castles Cittyes &c to sup- 
press all meutinyes and Rebellions. To make warr offensive and defen- 
sive with all Indians Strangers and Foraigners as they shall see cause 
and to persue an Enemy by sea as well as by land if need be out of y* 
Lvmitts and Jurisdiccons of y^ s'^ County with the perticculer consent of 
the Governor and under the Conduct of our I^eut : Gen : or Comauder 
in Cliiefc or whome he sliall appoint. 

8. Item by act as afores* to give unto all strangers as to them shall 
seeme meete a Naturalizion and all such freedomes and priviledges within 
the s* Countyes as to his Maj*'"' subjects doe of right belong they swear- 
ing or subscribing as afores'^ w°'' said strangers soe naturallized and priv- 
iledged shall alsoe have the same Imunityes from Customes as is granted 
by the Kinge to us and by us to y° said Countyes and shall not be lyable 
to any other Customes then the rest of his Maj"'' subjects in the s'* Coun- 
ties are but be in all respects accompted in the Province and Countyes 
aforesaid as the King's naturall subjects. 



84 COLONIAL RECORDS. 



9. Item by act as aibres" to prescribe y" quaiitityes of land which 
shalbe from time to time alotted to eavery head free or Sarv' male or 
female and to make and ordaine Rules for the casting of Lotts for Land 
and leying out of y^ same provided y' these doe not their said prescrip- 
tions exceed y*' severall proi)()rtions which are* hereby graunted by us to 
all persons arriveing in y° s** Countyes or adventuring theither; 

10. Item the Gen" Assembly by act as afores'^ shall make provision 
for the maintenance and Support of the Governor and for the defraying 
of all necessary Charges of the Goverment as alsoe that the Cunstables 
of the respective Countyes shall collect the halfe penny "^ acre payable 
to y'' Ijords in theire Countyes and pay y^ same to y° receavor y' y^ Lords 
shall appoint to receave the same unless y* s** Generall Assembly shall 
pi-escribe some other way whereby the Lords may have their rents duely 
collected w"'out charge t)r trouble to them. 

IL Lastly to enact constitute and ordaine all such other Lawes actes 
and constitutions as shall or may be necessary for the good prosperity 
and setlement of y° said Countyes excepting w' by these presents are 
excepted and conformeing to Ivimitacons herein exprest. 

The Governors are witji theire Councill before exprest : 

1. Item to see that all Courts established by the Lawes of y' Gen" 
Assembly and all Ministers and officers Civill or Military doe and exe- 
cute their severall dutyes and offices resi)ectively according to the Lawes 
in force and to punish them from swerveing franl the Lawes or acting 
contrary to their trust as the nature of their oflence shall recjuire. 

2. Item according to the constitutions of the Gen" Assembly to nom- 
inate and comissionate the severall Judges, Members and Officers of 
Courts wheither Majistraticall or Ministeriall and all other civill officers 
as Justices Coroners <tc the Comissions and powers and Priviledges to 
revoake at pleasure provided that they appoint none but such as are 
freeholders in the Counties afores'* unless the Generall Assembly con- 
sent ; 

.3. Item according to the Constitutions of the Gen" Assembly to ap- 
point Courts and officers in Cases Cryminall and to impower them to 
inflict penalty es upon offenders against any of the Lawes in force in y" 
said Countyes as y'' said Lawes shall ordaine wheither by fine Imprison- 
ment Banishiu* corporall punishm' or to y'' taking away of member or 
of Life itselfe if there be cause for it. 

4. Item to place officers and soldiers for the safety strenkt and defence 
of the Forts Castles Cittyes &c according to y" number appointed by 
the Gen" Assembly to nominiate place and comissionate all millitarv 



COLONIAL RECORDS. 85 



officers under y* dignity of y" Lent : Gen" whoe is comissionated by us, 
over the sev" trayned V)ands and Companys constituted by y* Gen" As- 
sembly as Collonels C'apts : &c and theire comissions to revoake at pleas- 
ure, y* Lent : Gen : with the advice of his Council! unless some present 
danger will soe permitt him to advize to muster and trayne all y" soldiers 
w^in the said County or Countyes to prosecute warr persue an Enemy 
supjiress rebel'ions and me\\i:iuies as well by sea as Land and to exercise 
the whole jSIillitia as fully as by our Letters pattents from the kinge wee 
can impower him or them to doe Provided y' they appoint noe Military 
officers but w' are freehohlers in the s"* Countyes unless y" Gen" Assembly 
shall consent ; 

5. Item where they see cause after condemnacon to reprieve untill the 
Case may be presented with a Coppy of y" whole trvall proceedings and 
proofes to y^ Lords who will accordingly eather pardon or cofnand exe- 
cution of y* sentence on y** offender who is in y^ meane time to be kept 
in safe custody till the pleasure of y' Lords be knowne 

6. Item in case of death or other removall of any of the representa- 
tives within the yeare to issue summons by writt to y" respective division 
or divisions for which he or they were chosen coiuanding the freeholders 
of y" same to chuse others in their steade; 

7. Item to make wan-ants and to scale Grants of Land according to 
theis our Concessions and the prescriptions by y* advice of y^ Gen" As- 
sembly in such forme as shalbe at large set down in our Instrucons to y^ 
Governor in his Comission and which are hereafter expressed. 

8. Item to act and doe all other thing or things y* may conduce to y^ 
safety peace and well Go^•ernment of y^ said Countyes as they shall see 
fitt soe as they be not contrary to y" I^awes of y'' Countyes aforesaid ; 

For the better security of the proprietyes of all the Inliabitants 

1. Item They are not to impose nor suffer to be imposed any tax Cus- 
tome Subsidy Tallage Assesment or any other duty w'soever upon any 
Culler or pretence upon y'' s"* County or Countyes and the Inhabitants 
thereof other then what shalbe imposed by y^ Authority and consent of 
y" Generall Assembly and then only in manner as aforesaid ; 

2. Item they are to take care y* land (piietly held planted and pos- 
sessed seaven yeares after its being first duely surveyed by the Surveyor 
Generall or his order shall not be subject to any review resurvey or altera- 
tion of bounds on w' jiretence soever cu- by any of us or any offic'* or 
Ministers under us. 

3. Item they are to take care y' nt)e man if his Catle straye range or 
graze on any ground w"'in the s* Countyes not actually approprvated or 



86 COLONIAL RECOEDS. 



sett out to particuler persons slialbe lyable to pay any trespass for y' same 
to us our heires &c Provided y' C'ustonie of Comons 1)6 not thereby pre- 
tended to; nor any person hindred from taking up and appropriating 
any Lands soe grazed upon and y' noe person ])ur])osely doe suffer his 
Catle to graze on sucli land. 

4. Item it is our will and desire that y' Inhabitants of y^ said Countyes 
and adventurers theither shall enjoye all the same Imunityes from Cus- 
tomes for exporting certine goods from tliese Realmes of England &c 
theither as y" Kinge hath been graciously pleased to graunt to us as alsoe" 
for y* Incorragement of y" Manufaef' of wine silke oyle ollives fruite 
almonds &e. menconed in the patteut have priviledge for bringing them 
Custome free into any of his Maj"'' dominions for y^ same time and upon 
y" same tearmes as we ourselves may by our Pattent. 

And that the planting of the Countyes afores* may bee the more 
speedily promoted : 

1. Item The Governors are to take notice that wee doe hereby graunt 
unto all persons whoe have already adventured to Carolina or shall trans- 
port themselves or Sarv'' before y'' first day of January which shalbe in 
y* yeare of our Lord one thousand six hundred sixty five theis fol- 
lowing proporcons of land viz' if to y^ County of Clarendon one hun- 
dred acres English measure to every freeman and as much to his wife if 
hee have one And to every freewoman y' already is or shall arrive into 
y^ s'^ County with a Sarv* or Sarv" to plant within y' Province afores'^ 
one hundred acres like measui-e To a ^Nlasf or ^Nlistres for every able 
man Sarv' he or shee hath brought or sent or shall bring or send as afores"* 
being each of them armed with a good fireli)cke or iNIatchlocke boare 
twelve bullets to the pound ten pounds of powder and twenty p(nnids of 
bullets w"" INIatch proportionable and victualled for six monthes fifty acres 
of like measure for every weaker Sarv' hee or shee hath brought or sent 
or shall bringe or send as afores*^ as woemen children and slaves above 
v'' age of fowerteene yeares, And fifty acres like measure for every C'hris- 
tian Sarv' y' is brought or sent within y** s'^ time to his or her proper use 
and behoofe when their time of servitude is expired ; 

2. Item to everv freeman and freewoman y* shall arrive in y^ s'' County 
armed and provided as afores'' within the second yeare from y' first dale 
of January one thousand six hundred' sixty five to y" first of January 
one thousand six hundred sixty six with an intcncou to ])lanting seaventy 
five acres of Land and seaventy acres for every able man Sarv' that he or 
they shall cany or send armed and provided as aforesaid : 



COLONIAL RECORDS. 87 



3. Item for every weaker sarvant or slave adged as afores'' y' shalbe 
carryed or sent theither \vithin y'' second yeare as afores* forty acres of 
Land To every christian sarvant y* shall arrive y" second yeare forty 
acres of Land of like measnre alter y" expiration of his servitude. 

4. Item to every freeman or freewoman armed and provided as afores'' 
y' shall goe and arrive with an intention to plant within y'' third yeare 
from January one thousand six hundred sixty six to January one thou- 
sand six hundred sixty seaven fifty acres of Land like measure and for 
every able man sarv' y' he or they shall carry or send within y'' s* time 
armed and provided as afores* the like quantity of I^and and for every 
weaker sarv' or slave adged as afin'es'' y' he or they shall ("arry or send 
within the third yeare twenty five acres of I^aud and to every Christian 
sarvant soe carryed or sent in the third yeare twenty five acres of Land 
of like measure after the expiracon of his or their time of Sarvice; 

5. Item we do hereby graunt unto all persons whoe have already ad- 
ventured to Carolina or shall transport themselves or sarvants before y" 
first dale of January which shalbe in y" yeare of our Lord one thousand 
six hundred sixty five theis following proportions of Land If to y" 
County of Albemarle eighty acres English measure to every freeman and 
as much to his wife if he have one And to every freewoman y' already 
is or shall arrive into y'^ s* County with a Sarv' to plant within y*^ time 
afores'' eighty acres like measure To a Master or iNlistres for every able 
man Sarv' he or shee hath brought or sent or shall bringe or send as 
afores'* being each of them armed with a good firelock or matchlock 
boare twelve bullets to y*" pound tenn pounds of jiowder and twenty 
pounds of bullets w"' match proportionable and victualed for six monthes 
eighty acres of like measure ami for every weaker Sarv' he oi' she 
hath brought or sent or shall bringe or send as albres*' as woemen chil- 
dren and slaves above the age of fowerteene yeares, forty acres like 
measure And foi- every C'hristian Sarv' y' is brought or sent within 
y'^ said time to his or her proper use and behoofe when their time of 
Sarvitude is expired forty acres of like measure; 

6. Item to every freeman and freewoman y' shall arrive in y'^ s"* 
County armed and provided as afores'' \vitliin y' second yeare from y" 
first day of January one thousand six hundred sixtie five to y" first day 
of January one thousand six hundred sixty six w"' an intencon to plant 
sixtie acres and sixty acres for every able man Sarv' y' he or they shall 
carry or send Armed and provided as aforesaid ; 

7. Item for every weaker Sarv' or slave adged as afores'' y' shall be 
carrved or sent theither w"'in v' second veare as afores'* Thirty acres like 



88 COLONIAL RECORDS. 



measure To every Christian sarv' y' shall arrive y^ second years Thirty 
acres of Land of like measure after y*" expiracon of his or there time of 
servitude. 

8. Item to every freeman and freewoman armed and provided as 
afores^ y' shall goe and arrive w"' an intencon to plant w''''in y" Third 
yeare from January one thousand six hundred sixty six to January one 
thousand six hundred sixty seaven Forty acres of Land like measure, 
and for every able man sarv' that he or they shall carry or send \v"'in y" 
s^ time armed and provided as afores* y^ like quantity of land, And for 
every weaker sarv' or slave adged as afores** y' he or they shall carry or 
.send within y* Third yeai'e Twenty acres of Land like measure, And to 
every Christian Sarv' so carryetl or sent w"'in y'^ Third yeare Twenty 
acres of land of like measure after y" expiracon of his or there time of 
servitude ; 

9. Item we doe hereby graunt unto all persons who have already ad- 
ventured to Carolina or shall transport themselves or Sarv*^ before y® first 
day of January which shalbe in y** yeare of our Lord one thousand six 
hund''* sixty five these following proporcons viz' to every freeman y' shall 
goe w*** y* first Govern'' from y*" port where hee imbarkes (or shall meete 
him at y" Randeyvous he ai)points) and from thence goe witli him to y' 
southward or westward of Cape Romania w'^'in the province afores** for 
y" settlem' of a Plantacon there which we name to be y" County of 
Armed w"" a good muskett boare t\\'elve bullets to y° pound ^v"' Tenn 
pounds of powder & Twenty pounds Bullets w"' Bandalears and match 
convenient and w"" six monthes provision, for his owne person arriveing 
there, one hundred and fifty acres of Land English measui'e And for 
every able man Sarv' y' hee shall carry w"" him Armed and provided 
as afores'* and arriveing there y" like (juantity of one hundred and fifty 
acres and whoever shall send Sarv'^ at y' time shall have for every able 
man Sarv' hee or they shall send armed and provided as afores* and 
ariving there y° like quantity of one hundred and fifty acres and for 
every weaker Sarv' or slave male or female exceeding y'' age of fower- 
teene yeares which any one shall send or carry arriving there seaventy 
five ateres of land and to every Christian Sarv' exceeding y" age afores** 
after y* expiracon of their time of service, seaventy five acres of land for 
there owne use. 

10. Item to every INIasf or Mistress y' shall goe before y*" first day of 
January w"*" shalbe in y' yeare of our Lord one thousand six hund'"' sixty 
live one hund"' and Twenty acres of land and for every able man Sarv' 
y' hee or shee shall carry or send armed and provided as afores"* and ar- 



COLONIAL rp:cords. 



riveing w^Hn y" time afores* y' like (piantity of one liund'''' & Twenty 
acres of Land and for every weaker Sarv' or .slave male or female ex- 
ceeding y" age of fowerteen yeares ariving there sixty acres of land and 
to every Christian Sarv' to there owne nse and beh(n)fe sixty acres 

IL Item to every freeman and freewoman y' shall arrive in y"^ s** 
County armed and i)rovided as afires'' w"'in y"' second yeare from y" first 
of January one thousand six hundred sixty five to y"^ first of January 
one thousand six hund'''' sixty six w"' an Intencon to plant ninety acres 
of Land English measure and for every able man Sarv' y* hee or shee 
shall carry or send Armed and provided as afores*^ Ninty acres of Land 
of like measure. 

12. Item and for every weaker Sarv' or slave adged as afores'' y' shalbe 
soe carryed or sent theither w"'in y'' second yeare as afores"* forty five 
acres of Land of like measure, and to every Christian Sarv' y* shall 
arrive y* second yeare forty five acres of land of like measure after y" 
expiration of his or there time of servitude, for there owne use and be- 
hoofe, all w"^ Lands soe granted in y' 9 : 10: 11 : and 12: articles pre- 
ceeding and y*^ lo"" following are ment and intended to Ije taken up and 
given in y' County of and not elsewhere, 

13. Item to every freeman and free^voman armed and provided as 
afores"^ y' shall goe and arrive w"" intencon to j)lant \v"'in y"* Third yeare 
from January one thousand six liundred sixty six to January one thousand 
six hundred sixty seaven armed and provided as afores'' sixty aci'es of 
land like measure and for every abl(> man Sarv' y' hee or they shall carry 
or send w"'in y" s*^ time armed and provided as afores'* y" like quantity 
of sixty acres of land and for every weaker Sar\'' or slave adged as afores* 
y' he or they shall carry or send w"'in y" Third yeare thirty acres of land, 
and to every Christian Sarv* soe carryed or sent in y" third yeare thirty 
acres of Land of like measure, after y^ expiracon of his or there time of 
service. All which land and all other y' shalbe possessed in s'' Countyes 
are to be held on y" same tearmes and Condicons as is before menconed 
and as hereafter in the following Pharagraphes is more at large exprest 
Provided y* all y'' before menconed Land and all other w'soever y' shalbe 
taken up aiid soe setled in y' s* Province shall afterwards from time to 
time for y'' space of thirteene yeares from y'' date hereof be held upon y" 
Condicon afores* of continewing one able man Sarv* or two such weaker 
Sarv*^ as afores'' on every hundred acres Master or Mistres shall possess 
besides w' was graunted for his or her owne person, In failer of w* upon 
Notificacon to y" present Occupant or his assignes, there shalbe three 
yeares given to such for there ct)mpleating the sai<l Number of persons 



90 COLONIAL RECORDS. 



or for there sayle or other disposure of such part of there Lands as are 
not soe peopled w"'in y^ time of three yeares if any j^erson holding any 
Lands shall faile by himselfe his agents executors or assignes or some 
other way to provide such number of persons, Unless the Gen^^ Assembly 
shall without respect to poverty judge y' it was impossible for y* party 
soe fayleing to keepe or procure his or her Number of Sary*^ to be pro- 
vided as afores'' In such case wee y^ Lords to have power of disposeing 
of soe much of such Land as shall not be planted w**" its dew Number of 
persons as afores^ to some other y* will plant y' same ; Provided alwayse 
y' any person who hath a stocke of Catle sheepe or such like on his 
hands shall for every greater soart of Cattle w"'' hee hath at y" time of 
such forfeiture as horses Kine &c, retain two acres, and for every lessor 
sorte as sheepe hoggs &c one acre Provided alsoe y' noe persons arriveing 
into y^ s'^ Countyes w"" purpose to setle (they being subjects or Natural- 
lized as afores"*) be denyed a graunt of such proporcons of Land as at y^ 
time of there arrivall are due to themselves or Sarv'" by Concession fi-om 
us as afores"* but have fidl Lycence to take up and setle y'' same in such 
order and manner as is granted or prescribed all Lands notw"'standing 
(y° powers in y^ Assembly afores"*) shalbe taken uj) by warrant from y° 
Governor and confirmed by y^ Governor and C'ouncill under a Scale to 
be provided for y' purpose in such order and meth-hood as shallie set 
d(jwne in this declaration and more att Large in y" Instruccons to y' 
Governor and (Jouncill. 

And that tlie lands may be the more regulerly layd out and all persons 
the better ascertayned of there titles and possessions. 

1. Item in the bounding of y" County of Clarendon the Governor 
and Gouncill (and Assembly if any bee) are to make choyce of (and con- 
fine themselves and planters to) one side of y^ mayne river neare Cape 
Faire, on which some of y^ adventurers are already setled or intend to 
setle and y^ Islands in or neare y^ said River next y^ side they setle on. 
Unless they have already setled some Island neare y^ other side which 
if they have they may continew thereon ; 

2. Item the Governor of y" County of with y" advice of 
his Couucill is to bound y" said County as he shall see fitt not exceeding 
Forty myles square or sixteene hundred Square myles. 

3. Item they are to take care and direct y* all Lands bee devidetl bv 
Gen" Lotts none less then two tlionsand two hundred acres nor more 
then two and twenty thousand acres in each Lott excepting Cittyes 
Townes &c and y° neare Lotts of towneshipps and y' y*" same be undeci- 
mally devided one eleaventh part by lott to us our heires and Assignes 



COLONIAL RECORDS. 91 



y' Remaynd'' to persons as tliev come to plant y" same in such proporcons 
as is allowed ; 

4. Item that y" Governor of each C'Ounty or whome he shall depute 
in Case of death or absence if some one be not before Comissionated by 
us as afores'^ doe give to every person to whome land is due a warrant 
syned & sealed by himselfe and y" Major pte of his Councill and directe<l 
to y" Surveyor Gen" or his Deputy comanding him to ley out Lymitt and 
bound acres of Land (as his due proporcon is) for 

such a person in such allotm' according to w"'' warrant y" Register hav- 
ing first recorded y*' same antl attested the record upon y'^ warrant y*^ 
Survey' Gen" or his Deputy shall proceed and certifie to y'^ Chiefe Secre- 
tary or Register y' Name of y" person for whome he hath layde out land, 
by virtue of w' authority y'^ date of y'^ authority or warrant }" Number 
of acres y" bounds and on \v* poynt of y*" Compass y" Severall Lymitts 
thereof lye which Certificate the Register is likewayse to enter in a booke 
to be prepared for y' purpose with an Alphabeticail table referring to y" 
booke soe y^ Certificate may be y^ easier found and then to file y* Certifi- 
cates and y" same to Keepe safely The Certificate being entered a warrant 
comprehending all y*" particculersof Land nienconed in y** Certificate afitres'' 
is to be syned and sealed by him and his Councill or y^ Major pte of 
them as afores** (they haveing seen y" entry) and dii-ected to ye Register 
or Chiefe Secretary for his preparing a Graunt of ye land to y^ partv for 
whome it is layd out w"'' Graunt shalbe in the forme following viz' 

The Lords Proprietors of the Province of Carolina doe hereby graunt 
unto A. B. of y" county of Clarendon (or in w' County y^ same shalbe) 
in y^ province afores'^ a plantacon in ye said County Conteyning 
Acres English measure Boiuiding as in y" said Certificates to hold to 
him (or her) his (or her) heires and Assignes for ever Yielding and pay- 
ing yearly to y' said Lords Proprietors their heires or Assignes everv 
twenty fifth day of March according to y" English Acc° one halfe penny 
of Lawfull English mony for every of y*' said Acres To be holden of y" 
manner of in free and C'omon Soccage, ye first 

paym' of w''*' rent to beginn y'' twenty fifth day of March which shalbe 
in y" yeai'e of our Lord one thousand six hund''^ and seaventy according 
to y** English Account, Given under y' scale of y" County of Clarenden 
y' day of in y" yeare of our Lord 

To which Instrument y" Governor or his Deputy hath hereby full 
Authority to put ye^ scale of y" said County and to subscribe his Name 
as alsoe y^ Councell or Maj' pte of them are to subscribe there Names 
and then y'' Instrument or Graunt is to be by y" Register recorded in a 



92 COLONIAL RECORDS. 



Buuke of RecoiJ,s tin' >' paipu.se ail w''' 'ueiug dune according to these 
instrnccuns we licreby declare y' the same shalbe effeotuall in Law for y" 
Injoym' of y^ said plantacon and all y* benefitts and profitts of and in 
y^ same, except y* halfe part of Mynes of Gokl and Silver paying y^ 
rent as afores** Provided y' if any plantacon so granted shall by y' space 
of three yeares l)e neglected to be planted with a sutficient Number of 
Sarv'' as is before inenconed y' then it shalbe lawfull for us otherM'ayse 
to disjiose thereof in whole or in part This graunt notw"'standing. 

5. Item We doe alsoe graunt convenient proporcons of land for high- 
ways and for streetes not exceeding one hundred foote in bredth in Cittyes 
Townes Villages i'or churches Forts wharf's Keys Harbours and for pub- 
licke houses and to each parish for y* use of there Ministers one hundred 
Acres in such places as y' Gen" Asseml>ly shall appoynt ; 

6. Item y" Governors are to take notice y' all such lands leyd out for 
y* uses and purjjoses in y^ next preceeding Article shall be free and ex- 
empt from all rents Taxes and other Customes or dutyes w'soever paya- 
ble to us our heires or Assignes. 

7. Item that in leying out Lands for Cittyes Townes Villages Bur- 
roughes or other Hamlets y" said lands be undecimally devided one 
eleaventh part to l)e by lott layd out for us and y'* rest devided to such 
as shalbe willing to build thereon they paying after y" rate of one halfe 
penny per Acre yearely to us, as for there other lands as afores* w"** said 
Lands in Cittyes Townes &c is to be assured to each possessor by y' same 
way and Instrewment as is before menconed. 

8. Item That all Rules relating to building of each streete or quantity 
of ground to be alotted to each house within y^ said respective Cittyes 
Burroughs and Townes be wholy left by act as afores* to y'^ wisdome and 
discreccon of y' Generall Assembly ; 

9. Item That y^ Inhabitants of y^ said County have free passage 
through or by any Seas bounds Creekes Rivers &c. in y*" said Province 
of Carolina through or by which they must necessarily pass to come from 
y° Mayne Ocean to y" Coimtyes afores'' or any part of y° Province afores^; 

10. Lastly it shalbe Lawful for y" Representatives of y° freeholders to 
make any address to y" Lords touching y^ Governor and Councill or any 
of them or concerning any Greivances whatsoever or for anything they 
shall desire without the Consent of the Governor and Councell or any 
of them, 

(Endorsed) 
Sealed and Delivered in y'' presence of us 
JO: PERYN. 
THO: WALKER 



COLONIAL RECORDS. 93 



January 7"^ 1664-5 
It is this day agreed by the Lords Propryators of Carolina that al- 
though the County of Clarendon neare Cape Faire, and all the tract of 
ground as farr as to the southward of the river S' Mathias and west as 
far as the South Seas, be for the present, under the Government of Sir 
John Yeamans, yet notwithstanding it is ment and intended, that that 
parte of it which is about to be setled to the southward and westward of 
Cape Romania be a distinckt Government from the County of Claren- 
don, and that there be a distinckt deputy Governor for the present and 
that it be called the C^ouuty of Craven and as soone as it shalbe conven- 
iently setled by the said Sir John Yeamans or any other that there be a 
distinckt Governor comissionated to p'overne there. 



[B. P. R. O. Col: Ent: Book. No. 20. p. 22.] 
V 

Mr. Drummond. 
Sir, 

Our last unto you was by M"" Peeter Carteret accompaning your Comis- 
sion and Instructions for the Government of the County of Albemarle 
in which we confined the County to 40. myles square or 40. square myles, 
in which there was a mistake for it should have been 1600 square myles 
instead of 40. of which you are to take notice and to bound the C'Ountv 
accordingly and if it be not enough to comprehend all the plantations 
already under that Government give us notice of the deft, and on what 
points of the Compas those plantations lye, that are without the bounds 
(from the entrance of tlie mayne River) and we cann soone enlarge your 
bounds; and shall if there be reason for it, wee rest 

Cockpitt. Your very loving frinds. 

January 7"^ 1664-65. 



[B. P. R. O. Col: Ent: Book. No. 20. p. 21.] 

Sir John Yeamans 
Sir, 
Haveing receaved a good carrector of your abillityes and Inteagryty 
and of your loyalty to the kinge from Sir .John Colleton, with an assur- 
ance that you will viggorously attempt the setling of a Collony or plan- 



94 COLONIAL RECORDS. 



tation to the southward of Cape Romania which will conduce much to 
the Interest and hunuur of the kinge and advantage of his people, and 
more especially that of the first setlers, wee have in the first place 
prevaled with his Majestie to conferr the honor of a knight Barronet 
upon you and your heires, to M'honie wee have given assurance that you 
will deserve the same ; 

In the next place we have by our Commissions which goes by your 
Sonn, made you our Lieutenant Generall and Governor of that parte of 
our Province of Carolina, M'hich we conceave may most conduce to the 
setlement aforesaid and in as much as cann yet be under our Government 
for many reasons which we have not time to shew, ^ye have in our agree- 
ment with your Sonn indeavoured to compreliend all Interests especially 
that of New England from whence the greatest stocke of people will in 
prolxiltillity come, our more southerne plantations being already much 
drayned, wherefore we advize you to contrive all the good wayes you cann 
imagen to get those jieople to joyn with you in which there wilbe a com- 
mon Utillity especially by keepinge those in the Kinges dominions that 
either cannot or will not submitt to the Government of the Church of 
England. 

As for the six thousand acres of Land by you desired from us we doe 
here oblige ourselves to graunt the same to you or your assignes to be by 
you or them taken to the southward or ^^'est^\•ard of Cape Romania, by 
lott as other lands are to be taken ujj, in which we desire you to avoyde 
the comeing to neare the home Lotts which if you shall doe for any 
greate proportion, it will thin the people and weaken that part to the 
indangering of the whole, and alsoe as you take it up or cause it to be 
taken up and bounded within 3. yeares after the date liereof, you paying 
one halfe penny per ao-e English measure yearely the first payment to 
begin the 25*'' day of March which shalbe in the yeare of our Lord 1670. 
according to the English account. 

Wee doe likewayse ingage ourselves to graimt to your frind Captain 
William Merricke or assignes fifteene hundred acres of Land English 
Measure, in the places upon the tearmes,, wee have ingaged to graunt to 
you, wishing you good success and prosperity in your intended voyage 
and undertakings 

we rest 

Your very loving frinds. 

Cockpitt this 11"" January 1664. 



COLONIAL RECORDS. 95 



[B. P. R. O. Col: Ent : Book. No. 30. p. 19.] 



Edward Earle of Clarendon Lord High Chancellor of England, George 
Duke of Albemarle &c ; The trew and ab.solnte Lords Propryators of 
all the Province of Carolina. 

To our trusty and well beloved Sir John Yeamans Barronet Governor 
of our County of Clarendon neare Cape Faire and of all that tract of 
ground wliich lyeth southerly as farr as the river S' INIathias which bord- 
ereth upon the Coast of Florida within 31. degrees northerne lattitude 
and soe west as farr as the South Seas as alsoe of all Islands and Islets, 
Rivers and Seas within the said bounds and our said Province of Caro- 
lina, And to our trusty and well beloved our Councellors and assistants 
to our said Governor, Greeting ; 

Bee it knowne unto all men that we the said Lords and absolute pro- 
pryators of the said County and tract of ground within the province afore- 
said for divers good causes and considerations but more especially out of 
the trust and confidence reposed by us in you our said Governor and 
Cotincellors for the faithfull management of the poA\ers and authorityes 
by us to you given to the best avayle and improvement of our Interest 
and Dominion in the said County of Clarendon, and all the tract of 
ground aforesaid; within our said Province and for the be.«t avayle and 
improvement of the Interest, Liberty, proprvetey and defence of all such 
as shall plant and inhabit there Land given, graunted and by these pres- 
ents doe give and graunt (during our pleasure) unto you our said Gover- 
nor by and with the advice and consent of our Councell or any 3. or 
more of the (3. or 4. or more of a greater number full and ab.solute power 
and authority for us and in our Names to lett sell convey and assiu-e 
such lands in our said County and tract of ground aforesaid to such per- 
son and persons and for such estate and estates, and with such provisoes 
conditions and limitations as w-e by oiu' concessions and agreement under 
our greate scale bareing date with thes presents to and with the adven- 
turers of the Island of Barbados and tliere Assotiates of England New- 
england the Carribbia Islands and Barmothos are obliged to graunt, and 
as yon shalbe directed by such other instructions and Rules as from time 
to time you shall receave from us and not other^\"ayes, thereby i*attyfy- 
ing and confirming whatsoever you shall Lawfully doe pursuant to the 
Concessions and Agreement and to such instructions rules and directions 
as aforesaid ; as alsoe to make doe performe and execute all and singuler 



96 COLONIAL RECORDS. 



act and acts thing and things powers and anthorityes whatsoever, which 
we onrselves may can might or could doe in for concerning or relate- 
ing unto the Government both civill and millitary of the said County 
and tract of ground aforesaid by virtue of tlie Letters pattents of his 
most excellent Maj"'' Charles the Second by the grace of God Kinge of 
England Scotland France and Ireland defender of the faith beareing 
date at Westminster the twenty fourth of March in the 15 yeare of his 
Reigne to be exercised neavertheless according to such Instructions or 
with such Limitations restrictions conditions and provisoes as in these 
presents are hereafter conteyned, hereby rattyfying contirnieing and allow- 
ing all and eavery such act and acts thing and things which our said 
Governor and our said Councellors in our names shall doe in the prem- 
ises pursuant to the authority hereby comitted, Provided and it is 
hereby declared that this present deede or any thing therein conteyned, 
doth not extend nor shall it be deemed or taken to extend to give up to 
our said Governor or our said Councellors or either or any of them any 
power or authority to make any maner of graunt conveyance demise or 
other like dispt)sition oi' any lands lyeing within or being parte of the 
said County and tract of ground aforesaid, T)ut according to our Conces- 
sions and Instructions and reserveing for every acre English measyre 
which by virtue of this authority we shall graunt to any person or per- 
sons one halfe penny of LawfuU money of England yearely rent to be 
paid to us our heirs or Assignes on every 25 day of March according to 
the English accompt the first payment whereof to begin on the 25 day of 
March which shalbe according to the English accompt in the yeare of 
our Lord God 1G70 provided alsoe that noe order or Lawes made or to 
be made by virtue of this our Authority shalbe in force as Lawes for any 
longer tearme then one yeare and a halfe within one yeare of which time 
they shalbe transmitted and presented to us for our assent which being 
given they shalbe in continewall force till expired by there owne limita- 
tion or by act repealed to be confirmed as aforesaid Provided alsoe that 
the executive parte of all the said powers hereby given shalbe made 
and exercised by you our said Governor by or with the advice and con- 
sent of the Major parte of our Couucell, and if it shall happen that our 
said Governor or any of our said Councell shall departe or be absent any 
time from our said County and tract of ground aforesaid unless other 
provision be by us made that then it shall and may be LawfuU to and 
for our said Governor and Councell or the Major parte of them resident 
in our said County and tract of ground aforesaid to nominate elect and 
appoint any such able person or persons as in there Discretion to them 



COLONIAL RECOEDS. 97 



shall seeme nio.st fitt to serve in uiid supply the place of sueh oftlie said 
persons resjjeetively during there absence from our said County and 
tract of ground aforesaid Giveing and granting nnto him or them soe 
chosen during the absence of our saaid Governor or Councellors as full 
large and ample powers as we by these presents to our said Governor or 
Councillors have given any thing in this present Coraission in any wise 
to the contrary notwithstanding And also in case of deatli of any Gover- 
nor or death or removall of any member of our said Couneell from time 
to time to nominate and elect fitt and able persons in there steads or places 
respectively which persons so nominated and choasen shall exercise all 
powers to there said offices respectively belonging till our pleasure be 
sio-nified to the Contrary. 



[B. P. R. O. Col: Ent : Book. No. 20. p. 18.] 



Edward Earle of Clarendon Lord High Chancellor of England, George 
Duke of Albemarle &c. The trew and absolute Lords Propryators of 
the Province of Carolina. 
To our trusty and well beloved Sir J(ihn Yeamans Bart : Greeting ; 

Wee doe hereby constitute and appoint you (during our pleasure) Gov- 
ernor of our County of C-larendon neare Cape Faire and of all that tract 
of ground which lyeth southerly as farr as the River 8' Mathias which 
bordereth upon the coast of Florida witliin .31. degrees northerne latti- 
tude and soe west as farr as the south Seas as alsoe all Islands and Islets 
Rivers and Seas within the said bounds and our said Province of Caro- 
lina. With power to nominate appoynt and take to you 12. able men at 
most, 6. at least to be of yoiu' C/Ouncell or assistance or any eaven num- 
ber between 6. and 12. unless we have before made choyce of or shall 
chuse all or any of them. 

And we doe further constitute and appoint you to be our Lieutenant 
Generall (during our pleasure) of the County and tract of ground above 
mentioned and of all our forces raysed and to be raysed within ovu" said 
County and tract of ground aforesaid for the security of the same and 
the parts adjasent within our said Province, over which forces you are to 
place Officers and to cause them to be duely exercised in Amies and to 
doe all and every other thing or things which inito the Charge and Office 
of a Lieutenant Generall of our Army belongeth or hath accustomed to 
9 



98 COLONIAL EECORDS. 



belonge, as fully and freely as any Lieutenant Generall hath eaver had 
the same commanding all infearyor officers and soldiers of our said 
Armyes you to obey as there Lieutenant Generall according to this our 
Comission and the powers thereby giveirunto you, and according to the 
Ijaws and dissipline of warr, and you yourselfe alsoe are to observe and 
follow such orders and directions as from time to time you shall receave 
from us and in all things to governe yourselfe as unto your duty and 
place of a Lieutenant Generall of an Army and Governor of our said 
County and tract of ground aforesaid doth appertayne and belonge. 
Given under our Greate Scale of our said Province this ll"" January 
An: D: 1664. 



[B. P. R. O. Col: Ent: Book. No. 20. p. 21.] 

CocKPiTT this 11"" January 1664-5. 
Gentlemen, 

We have receaved your letter of the 29*'' of August and 8"" of October 
by Major William Yeamans who hath made knowne your desii'es touch- 
ing your settlement and planting in our Province of Carolina, as alsoe 
his power from you to treate and conclude with us conoerneing the same 
in which we assure you ho hath beene very carefull of your advantage 
and interest and by his injenuity hath pi'evayled with us to consent to 
more, then severall people would have accepted from us, of which we doe 
noe wayse repent considering your forwardness to setle neare Cape Faire 
before you had an assurance of any conditions from us, and your resolu- 
tion to make another setlement to the south^vard or ^\'est^^'ard of Cape 
Romania which ^^'e much desire out of respect to the Nations and your 
Interest which will thereby i-eceave severall advantages which we hope 
wilbe a motive to press you viggorously forward to that worke, we have 
done our parte in order there unto, as will appear by our Concessions or 
Agreement whicli your Agent Major William Yeamans on your behalfes, 
to whome and to our Ingagement under our hands and scale, we refer 
you. Pleas to be confident that there is nothing that may be fitt for us to 
graunt more, or to olitayne for you from his Ma,jestie but that we shall 
doe the one and indeavour to procure the either, as soone as we understand 
that you have begunn the southermost setlement : \\'ishing you good suc- 
cess & prosperity in your luidertakings, we rest 

Your verv loveing freinds. 



COLONIAL RECORDS. 99 



[B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 4.] 

Honerd S"' 

I understand by M"' Druniraond and INP C'arterett that you and the 
rest of the Right Honorable the Lords Proprietors of the Province of 
Carolina have appointed me to be Surveyor for your Countie of Albe- 
marle Wherein ("Pray be pleased to assure your Lordships") I will en- 
deavour to serve you faithfully, and to the uttermost of my Power pro- 
mote your Interest. And th(jugh I know it befitts not me to dispute 
your eomands but rather to operate them Cceca Obedientia yet (by your 
Honors permission) I cannot omit to performe another part of my dutie 
(so I am though unworthy) one of the counsell here to give you my 
opinion concerning some passages in the Instructions your Honore sent 
us. First for the lK)unds of the Countie of Albemarle fortie miles square 
\vill not comprehend the Inhabitants there already seated. And sixteen 
hundred square miles may be laid out by runing only on the Verges of 
the Rivers and Creekes where generally men seat and where (for the m«(st 
part) the plantable land lies so disadvantagious to your Honores Inter- 
est, and the Inhabitants Welfare ; that no reasonable line of communica- 
tion will be able to unite them either for defence or Traffiek. So that I 
conceive it will be most comodious to bound this Governmt. On the 
south side with the North end of Croatan Island Thence west to Morat- 
tuck, Including all the Branches thereof, Thence North as far as your 
Patent extends Then East to the Sea; And to prohibit all Persons for 
some time from seating beyond there bounds as also not yet to seat up 
Morattuck : Which bounds thtjugh they are greater than your Honors 
Instructions allow for Albemarle countie yet are they not more than will 
consist well with one Governmt. It being (in my opinion) very incon- 
venient to erect divers Governments to have Passage through one-an- 
others Territories or Inletts : as Maryland having no Inlet foi' shipping 
but through the Capes of Virginia. May (if any difference shall hap- 
pen between those two Governments) in a high measure feel the Incon- 
venience And the Inhabitants of all the streams or rivers within this 
Government must be supplyed with Commodities from such Vessells as 
shall arrive through Roanokea Inlett ^\•hich for ouglat we can perceive 
must always be of very small burthen, for although Capt Whittles ves- 
sell this winter at her coming in found iifteeue feete water, yet her going 
out she had but eleaven feete and though she drew not eight fbote water, 
struck twice or thrice notwithstanding they had Beatoned the Chanell 
and went out in the best of it, at full sea; so uncertaine are all those In- 



100 COLONIAL RECORDS. 



letfa. Tliere is anutiier liilett at ^\'ucucoc•k or ^^'ucoeon which hereafter 
may serve for an other Government betweene tliis and Cape Feare, if to 
your Honore it shall seem Convenient. 

Next the Proi^ortione of Land yon have allotted with the Rent, and 
conditione are by most People not well resented and the very Rumor of 
them dis-com-ages many who had intentions to have removed from Vir- 
ginia hether : ^Miilst my Lord Baltamore allowed to every Persons im- 
ported but tiftie acres ; Maryland for many yeares had scarce fiftie fami- 
lies, though there Rent was rather easier then in Virginia ; but when he 
allotted one hundred Acres for a Person, it soone began to People, and 
when he found them Iwgiii to increase, he brought it to fiftie a head 
againe St) if your Lordships please to give large Incouragement for some 
time till the country be more fully Peopled, your Honore may contract 
for the future upon what condition you please But for the Present, To 
thcnke that any men will remove from Virginia upon harder Conditione 
then they can live there will prove (I feare) a value Imagination, It bein 
Land only that they come for. 

I shall give you S"' Francis Bacons owue words in his Essay of Plan- 
tation 

"Planting of Counties is like planting of Woods, for you must make 
account to loose almost Twenty yeares Profitt and expect vour recom- 
pense in the end : for the Principall thing that hath bin the destruction 
of most Plantations hath bin the hastee drawing of Profit in tlie first 
yeares." 

And it is my Opinion, (which I submitt to better Judgements) that it 
will for some time conduce more to your Lordshipe Profit to permit men 
to take up what tracts of Land they please at an easie rate, then to stint 
them to small proportions at a great rent. Provided it be according to the 
custome of Virginia which is fifty Pole by the river side, and one mile 
into the woods for every hundred acres ; there being no man that will 
have any great desire to pay Rent (though l)ut a farthing an acre) for 
more land than he hopes to gaine by. Rich men (which Albemarle 
stands in much need of) may perhaps take up great Tracts; but then they 
will endeavour to procure Tenants to helpe towards the payment of their 
Rent, and will at their owne charge build howseing (which poore men 
cannot compasse) to invite tliem : Besides to have some men of greater 
possessions in Land then others, will conduce more to the well being and 
good Governement of the Place than any Levelling Paritie To reduce 
Planters into Townes, is here almost impossible; when the country is 
Peopled and coiiierce increased it may more easily be effected, by appoynt- 
ing Ports and Marketts whether not onlv Merchants but all Tradesmen and 



COLONIAL RECORDS. 101 



Artificers will resort for habitation, and in short time lay the foundation to 
supersti'uctures of Townes and Citties; Alwayes Provided there be a 
course taken for procin-ing a (>oine with out which no Towne nor Markitt 
can well subsist: And this can no way be effected but by the l)allance of 
Trade; And therefore I doe most highly applaude your Lordshipe de- 
signe of making Wine in this Counti'y : for I am confident that if the 
value of the drinke only within Twenty yeares past brought into Vir- 
ginia had been Imported in Silver; Vii'ginia would have had more 
money for the number of her English Inhabitants then most if not the 
most opulent eountrys have in Europe. But S'' I begin now to go be- 
yond my last If my zeale to this Place (which I have many years endeav- 
oured and encouraged to seate) transports me to this kind of building 
Castles in the Aire, I hope your Goodnesse will be pleased to excuse me 
since I perceive there are some well willers to this Place in England doe 
the like: I shall therefore conclude with this humble recpiest that you 
will be pleased to entertain thes Truth for a jNIaxim 

Those that live upon a Place are l)est able to Judge of that Place 
Therefore the Petition of the Generall Assemblie that was here convened 
will diserve your Honors serious consideration; of which with theire 
other proceedings likewise, I doubt not but our Noble Governor will give 
you a true Accompt, he being by the Assembly there\v'ith intrusted And 
if in any thing (besides the Publique) I can serve your Perticular Inter- 
est Ck)mmand 

Your most faithfull and most humble servant 

THO: WOODWARD 
I make no question but M'' Carteret our Secretary will answer all your 
expectations for I assure you he is Diligent ; and the Spanish Proverb 
tells us. 

Que la buena Diligencia, es la 3Iadce de la Buena Ventura. 
Albemarle Counties June 2°* 1665. 

(Endorsed) 
To the Honorable 

SIR JOHN COLLATON 
neere 

St Jameses 

London 
these present 
T WOODWARD 

to 
SIR JOHN COLLETON 
2-^ June 65 



102 COLONIAL RECORDS. 



[Reprinted from Revised Statutes of North Carolina, Vol. II, Page l.j 

THE SECOND CHARTER GRANTED BY KING CHARLES 
THE SECOND, TO THE PROPRIETORS OF CARO- 
LINA, DATED THE THIRTIETH DAY OF 
JUNE, IN THE SEVENTEENTH YEAR 
OF HIS REIGN, A. D., 1665. 

Chaei.es the second, by the grace of God, of Great Britain, France 
and Ireland, King, Defender of the Faith, &c. Whereas, by onr let- 
ters patent, bearing date the twentyfoiirth day of March, in the fifteenth 
year of onr reign, we were gracionsly pleased to grant nnto onr right trusty 
and right well-beloved cousin and counsellor Edward Earl of Clarendon, 
our high chancellor of England ; our right trusty and entirely belo\'ed 
cousin and counsellor George Duke of Albemarle, master of our horse; 
our right ti'usty and well-beloved AMlliam now Earl of Craven ; our right 
trusty and well-beloved counsellor John Lord Berkeley ; our right trusty 
and well-beloved counsellor Anthony Lord Ashley, chancellor of our 
exchequer ; our right trusty and well-beloved counsellor Sir George Car- 
teret, knight and baronet, vice-chancellor of our household; our right 
trusty and well-beloved Sir John Colleton, knight and baronet ; and Sir 
William Berkeley, knight ; all that province, territory, or tract of ground, 
called Carolina, situate, lying and being within our dominions of Amer- 
ica; extending from the north end of the island called Luke Island, 
which lieth in the southern Virginia seas, and within thirtysix degrees of 
north latitude ; and to the west, as far as the south seas ; and so respect- 
ively as for as the river of Matthias, which bordereth upon the coast of 
Florida, and within thirtyone degrees of northern latitude; and so west, 
in a direct line, as far as the south seas aforesaid. 

Now know ye. That we, at the lunnble request of the said grantees, in 
the aforesaid letters patent named, and as a fni'ther mark of our especial 
fevour to them, we are graciously pleased to enlai-ge our said grant unto 
them, according to the bounds and limits hereafter specified, and in 
favour to the pious and noble purpose of tlie said Edward Earl of C'lar- 
endon, George Duke of Albemarle, William Earl of Craven, John Ijord 
Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, 
and Sir AVilliam Berkeley, their heirs and assigns, all that province, ter- 
ritory or tract of land, situate, lying and being within our dominions of 
Amei'ica aforesaid ; extending north and eastward, as far as the nortli end 



COLONIAL RECORDS. 103 



of Currituck river or inlet, upon a strait westerly line to Wyonoak creek, 
which lies within or about the degrees of thirtysix and thirty minutes, 
northern latitude; and so west, in a direct line, as tar as the south seas; 
and south and westward, as far as the degrees of twentynine, inclusive, 
of northern latitude ; and so west, in a direct line, as far as the south 
seas; together with all and singular the ports, harbours, bays, rivers and 
inlets, belonging unto the province or territory aforesaid ; and also, all 
the soils, lands, fields, woods, mountains, terms, lakes, rivers, bays and 
islets, situate or being within the bounds or limits last before mentioned ; 
with the fishings of all sorts of fish, whales, sturgeons, and all other royal 
fish in the sea, bays, islets and rivers, within the premises, and the fish, 
therein taken, together with the royalty of the sea upon the coast within 
the limits aforesaid ; and moreover all veins, mines and quarries, as well 
discovered as not discovered, of gold, silver, gems and precious stones, 
metal, or any other thing, found, or to be found, within the province, 
territory, islets and limits aforesaid ; and furthermore, the patronage and 
advowsons of all the churches and chapels, which, as Christian religion 
shall increase within the province, territory, isles and limits aforesaid, 
shall happen hereafter to be erected ; together with license and power to 
build and found churches, chapels and oratories, in convenient and fit 
places, within the said bounds and limits ; and to cause them to be dedi- 
cated and consecrated, according to the ecclesiastical laws of our kingdom 
of England ; together will all and singular the like and as ample rights, 
jurisdictions, privileges, prerogatives, royalties, liberties, immunities, and 
franchises of what kind soever, within the territory, isles, islets and lim- 
its aforesaid : to have, hold, use, exercise, and enjoy the same, as amply, 
fully and in as ample maimer, as any Bishop of Durham, in dur king- 
dom of England, ever heretofore had, held, used, or enjoyed, or of right 
ought or could have, use, or enjoy : and them the said Edward Earl of 
Clarendon, George Duke of Albemarle, William Earl of Craven, John 
Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John 
Colleton, and Sir William Berkeley, their heirs and assigns, we do, by 
these presents, for us, our heii's and successors, make, create, and consti- 
tute, the true and absolute lonls and proprietors of the said ])rovince or 
territory, and of all other the j)remises ; saving always the faith, allegi- 
ance, and sovereign dominion, due to us, our heirs and successors, for the 
same; to hold, possess, and enjoy the said province, territory, islets, and 
all and singular other the premises, to them the said Edward Earl of 
Clarendon, George Duke of Albemarle, Williani Earl of Craven, John 
Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John 



104 COLONIAL RECORDS. 



Colleton, and Sir William Bei'keley, their heirs and assiojns forever ; to 
be holden of us, our heirs and succsssors, as of our manor of East Green- 
wich, in Kent, in free and common socage, and not in capite, or by 
knight's service : yielding and paying, yearly, to us, our heirs and suc- 
cessors, for the same, the fourth part of all gold and silver ore, which, 
within the limits hereby granted, shall, from time to time, happen to be 
found, over and besides the yearly rent of twenty marks, and the fourth 
part of the gold and silver ore, in and by the said written letters patent 
reserved and payable. 

And that the province or tei-ritory hereby granted and described, may 
be dignified with as large tythes and privileges, as any other parts of our 
dominions and territories in that region: Know ye, That we, of our fur- 
ther grace, certain knowledge, and mere motion, have thought fit to annex 
the same tract of ground or territory unto the same province of Carolina ; 
and out of the fulness of our royal power and prerogative, we do, for us, 
our heirs and successors, annex and unite tlie same to the said province 
of Carolina. 

And forasmuch as we have made and ordained the aforesaid Edward 
Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, 
John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir 
John Colleton, and Sir William Berkeley, their heirs and assigns, the 
true loi'ds and proprietors of all the province or territory aforesaid; 
KnoNV ye therefore moreover. That we, reposing especial trust and confi- 
dence in their fidelity, wisdom, justice, and pnjvident circumspection, for 
us, oiu- heirs and successors, do grant full and absolute po\\-er, liy virtue 
of these pi'esents, to them the said Edward Earl of Clarendon, George 
Duke of Albemarle, William Earl of Craven, John Lord Berkeley, 
Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir 
William Berkeley, their heirs and assigns, for the good and happy gov- 
ernment of the said whole province or territory, full power and authority, 
to erect, constitute, and make several counties, baronies, and colonies, of 
and within the said provinces, territories, lands, and hereditaments, in 
and by the said letters patent, granted, or mentioned to be granted, as 
aforesaid, with several and distinct jurisdictions, powers, liberties, and 
privileges : and also, to ordain, make, and enact, and under their seals, to 
publish any laws and constitutions whatsoever, either appertaining to the 
jDublic state of the whole province or territory, or of any distinct or par- 
ticular county, barony, or colony, or of or within the same, or to the 
private utility of particular persons, acccording to their best directions, 
by and with the advice, assent and approbation, of the freemen of the 



COLONIAL RECK)UI).S. 105 



said province or territory, or of the freemen of the county, barony, or 
colony, for which such law or con8titution shall be made, or the greater 
part of them, or of their delegates? or deputies, whom, for enacting of the 
said laws, when, and as often as need shall require, we will, that the said 
Edward Earl of Clarendon, George Duke of Albemarle, William Earl 
of Craven, John Lord Berkeley, Anthony I^ord Ashley, Sir George 
Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs 
or assigns, shall, from time to time, assendjle in such manner and form 
as to them sliall seem best ; and the same laws duly to execute, upon all 
people within the said province or territory, county, barony, or colony, 
or the limits thereof, for the time being, which shall be constituted, under 
the power and government of them or any of them, either sailing towards 
the said province, or territory of Carolina, or returning from thence to- 
wards England, or any other of our or foreign dominions, by imposition 
of penalties, imprisonment, or any other punishment ; yea, if it shall be 
needful, and the quality of the offence require it, by taking away member 
and life, either by them the said Edward Earl of Clarendon, George 
Duke of Albemarle, William Earl of Craven, John Lord Berkeley, 
Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir 
William Berkeley, and their heirs or by them, or their deputies, lieuten- 
ants, judges, justices, magistrates, or otScers, whatsoever, as well within 
the said province, as at sea, in such manner and form as unto the said 
Edward Earl of Clarendon, George Duke of Albemarle, William Earl 
of Craven, John Lord Berkeley, Anthony Ijord Ashley, Sir George 
Carteret, Sir John Colleton, and Sir ^\"illiam Berkeley, and their heirs, 
shall seem most convenient : and also, to remit, release, pardon, and abol- 
ish, whether before judgment or after, all crimes and oifences whatsoever 
against the said laws; and to do all and every thing and things, which, 
unto the complete establishment of justice, unto courts, sessions, and forms 
of judicature, and manners of proceeding therein, do belong, although in 
these presents express mention is not made thereof; and by judges to him 
or them delegated, to award process, hold pleas, and determine, in all the 
said courts and places of judicature, all actions, suits, and causes whatso- 
ever, a« well criminal as civil, real, mixt, personal, or of any other kind 
or nature wiiatsoever: which laws so as aforesaid to he published, our 
pleasure is, and we do enjoin, require, and command, shall be absolutely 
firm and available in law ; and that all the liege people of us, our heirs 
and successors, within the said province or territory, do observe and keep 
the same inviolably in those parts, so far as they concern them, under the 
pains and penalties therein expressed, or to be expressed : Provided nev- 
10 



106 COLONIAL RECORDS. 



ertheless, That the said laws be consonant to reason, and as near as may 
be conveniently, agreeable to the laws and customs of this our realm of 
England. 

And because such assemblies of freeholders cannot be so suddenly 
called as there may be occasion to require the same, we do therefore, by 
these presents, give and grant unto the said Edward Earl of Clarendon, 
George Duke of Albemarle, A\^illiam Earl of Craven, John Lord Berke- 
ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and 
Sir William Berkeley, their heirs and assigns, by themselves, or their 
magistrates, in that behalf lawfully authorised, full power and authority, 
from time to time, to make and ordain fit and wholesome orders and 
ordinances within the province or territory aforesaid, or any county, 
barony, or province, within the same, to be kept and ol)served, as well 
for the keeping of the peace, as for the better government of the people 
there abiding, and to publish the same to all whom it may concern : 
which ordinances we do, by these presents, straitly charge and command 
to be inviolably observed within the same province, counties, territories, 
baronies and provinces, under the penalties therein expressed ; so as such 
ordinances be reasonable, and not repugnant or contrary, but as near as 
may be, agreeable to the laws and statutes of this our kingdom of Eng- 
land ; and so as the same ordinances do not extend to the binding, charg- 
ing, or taking away the right or interest of any person or persons, in 
their freehold, goods, or chattels, whatsoever. 

And to the end the said province or territory may be the more happily 
increased, by the multitude of people resorting thither, and may likewise 
be the more strongly defended from the incursions of savages, and other 
enemies, pirates and robbers ; therefore, Ave, for us, our heirs and succes- 
sors, do give and grant, by these presents, full power, license and liberty, 
unto all the liege people of us, our heji's and successors, in our kingdom of 
England, and elsewhere, within any other our dominions, islands, colonies, 
or plantations, (excepting those who shall be especially forbidden) to trans- 
port themselves and families into the said province or territory, with 
convenient shipping and fitting provision ; and there to settle themselves, 
dwell, and inhabit : any law, act, statute, ordinance, or other thing, to 
the contrary, notwithstanding. 

And we will also, and of our especial grace, for us, our heirs and suc- 
cessors, do straitly enjoin, ordain, constitute, and command, that the said 
province and territoiy shall be of our allegiance; and that all and sing- 
ular the subjects and liege people of us, our heirs and successors, trans- 
ported or to be transported into the said province, and the children of 



COLONIAL RECORDS. 107 



tlieni, and such as shall descend from them there born, or hereafter to be 
born, be, and shall be denizens and lieges of us, our heirs and successors, 
of this our kingdom of England, and be in all things, held, treated and 
reputed, as the liege, faithful people of us, our heirs and successors, born 
within this our said kingdom, or any other of our dominions; and may 
inherit or otherwise purcliase and receive, take, hold, buy and possess, 
any lands, tenements, or hei'editaments, within the said jjlaces, and them 
may occupy and enjoy, sell, alien, and bequeath ; as likewise, all liberties, 
franchises, and privileges, of this our kingdom, and of other our domin- 
ions aforesaid, may freely and quietly have, possess, and enjoy, as our 
liege peojjle, born within the same, without tlie molestation, vexation, 
trouble, or grievance, of us, our heirs and successors : any act, statute, 
ordinance, or provision, to the contrary notwithstanding. 

And furthermore, that our snbjects of this our said kingdom of Eng- 
land, and other our dominions, may be the rather encouraged to under- 
take this expedition, witli ready and cheerful means ; Know ye, that we 
of our especial grace, certain knowledge, and mere motion, do give and 
grant, by virtue of these presents, as well to the said Edward Earl of 
Clarendon, George Duke of Albemarle, William Earl of Craven, John 
Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John 
Colleton, §ind Sir William Berkeley, and their heirs, as unto all others 
as shall, from time to time, repair unto the said province or territory, 
with a purpose to inhabit there, or to trade with the natives thereof; full 
liberty and license, to lade and freight, in every port whatsoever, of us, 
our heirs and successors, and into the said province of Carolina, by them, 
their servants and assigns, to transport all and singular their goods, 
wai'es and merchandises ; as likewise all sorts of grain whatsoever, and 
any other thing whatsoever, necessary for their food and clothing, not 
prohijjited by the laws and statutes of our kingdom and dominions, to 
be carried out of the same, without any let or molestation of us, our 
heirs and successors, or of any other our officers or ministers whatsoever ; 
saving also unto us, our heirs and successors, the customs, and other 
duties and payments, due for the said wares and merchandises, according 
to the several rates of the places from whence the same shall be trans- 
ported. 

We will also, and by these presents, for us, our heirs and successors, 
do give and grant license by this our charter, unto the said Edward Earl 
of Clarendon, George Duke of Albemarle, William Earl of Craven, 
John Lord Berkeley, Antliony Lord Ashley, Sir Ceorge Carteret, Sir 
John Colleton, and Sir William Berkeley, and their heirs and assigns. 



108 COLONIAL RECORDS. 



auJ to all the iiiliuljltuiic.^ ami »K\eller.- in tlif pro\ ince or territory afore- 
said, botli present and to eome, full power and absolute anthoritv, to im- 
port or unlade, by themselves or their servants, factors, or assigns, all 
merchandises and goods whatsoever that shall arise of the fruits and com- 
modities of the said province or territory, either by land or sea, into any 
the ports of us, our heirs and successors, in our kingdom of England, 
Scotland, or Ireland, or otherwise to dispose of the said goods in the 
said ports; and, if need be, M'ithin one year next after the unlading, to 
lade the said merchandises and goods again into the same or other ships; 
and to export the same into any other countries, either of our dominions 
or foreign, lieing in amity with us, our heirs and successors, so as they 
pay such customs, subsidies and other duties, for the same, to us, our 
heirs and successois, as the I'est of our subjects of this our kingdom, for 
the time being, sliall be bound to pay; beyond which, we will not, that 
the inhabitants of the said province or tcrritt)ry shall he any ways charged : 
Provided, nercrtJielcss, and our will and pleasure is, and we have further, 
for the considerations aforesaid, of our especial grace, certain knowledge, 
and mere motion, given and granted, and by these presents, for us, our 
heirs and successors, do give and grant unto the said Edward Earl of 
Clarendon, George Duke of Albemarle, William Earl of Craven, John 
Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir Jolin 
Colleton, and Sir William Berkeley, tlieir heirs and assigns, full and fi-ee 
license, power and authority, at any time or times, from and after the 
feast of St. Michael the Archangel, which shall be in the year of our 
Lord Christ one thousand six hundred and sixty-seven, as well to im- 
port and bring into any of our dominions, from the said province of 
Carolina, or any part thereof, the several goods hereinafter mentioned ; 
that is to say, silks, wines, raisins, capers, wax, almonds, oil, olives, with- 
out paying or answering to us, our heirs and successors, any custom, im- 
post, or other duty, for or in respect thereof, for and during the term 
and space of seven years, to commence and be accounted from and after 
the importation of four tons of any of tlie said goods, in any one bottom, 
ship or vessel, from the said province or territory, into any of our do- 
minions ; as also, to export and carry out of any of oin- dominions, into the 
said province or territory, custom free, all sorts of tools which shall be 
useful or necessary for the planters there, in the accommodation and im- 
provement of" the jiremises : any thing before in these jjresents contained, 
or any law, act, statute, prohiljition, or other matter or thing, heretofore 
had, made, enacted, or provided, in any wise notwithstanding. 



COLONIAL RECORDS. 109 



And furthermore, of our more ample and especial grace, certain knowl- 
edge, and mere motion, we do, for us, our heirs and successors, grant unto 
the said Edward Earl of Clarendon, George Duke of Albemarle, William 
Earl of C'raven, John Lord Berkeley, Anthony Lord Ashley, Sir George 
Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and 
assigns, fidl and absolute power and authority, to make, erect, and consti- 
tute, within the said province or territory, and the isles and islets afore- 
said, such and so many sea-ports, harbors, creeks, and other places, for 
discharge and unlading of goods and merchandises, out of ships, boats and 
other vessels, and for lading of them, in such and so many places, with 
such jurisdictions, and privileges and franchises, unto the said ports be- 
longing, as to them shall seem most expedient, and that all and singular 
the ships, boats and other vessels, which shall come for merchandises and 
trade into the said province or territf)ry, or shall depart out of the same, 
shall be laden and unladen at such ports only as shall be erected and con- 
stituted by the said Edward Earl of Clarendon, George Duke of Albe- 
marle, William Earl of Craven, John Lord Berkeley, Anthony Lord 
Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berke- 
ley, their heirs and assigns, and not elsewhere : any use, custom, or thing, 
to the contrary notwithstanding. 

And we do further will, ai)point, and ordain, and by these presents, 
for us, our heirs, and successors, do grant unto the said Edward Earl of 
Clarendon, George Duke of Albemarle, William Earl of Craven, John 
Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John 
Colleton, and Sir William Berkeley, and their heirs and assigns, that they 
the said Edward Earl of Clarendon, George Duke of Albemarle, Wil- 
liam Earl of Craven, John I^ord Berkeley, Anthony Lord Ashley, Sir 
George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs 
and assigns, may, from time to time, forever, have and enjoy the customs 
and subsidies, in the ports, harbors, creeks, and other places within the 
province aforesaid, payable for the goods, wares and merchandises there 
laded, or to be Jaded or unladed ; the said customs to be reasonably 
assessed, upon any occasion, by themselves, and by and with the consent 
of the free people, or the greater part of them, as aforesaid; to whom we 
give power, by these presents, for us, our heirs and successors, upon just 
cause, and in due proportion, to assess and impose the same. 

And further, of our especial grace, certain knowledge, and mere motion, 
we have given, gi-anted and confirmed, and by these presents, for us, our 
heirs and successors, do give, grant and confirm, unto the said Edward 
Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, 



no COLONIAL RECORDS. 



John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir 
John Colleton, and Sir William Berkeley, their heirs and assigns, full 
and absolute j^ower, license and authority, that tliey, the said Edward 
Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, 
John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir 
Jolin Colleton, and Sir William Berkeley, their heirs and assigns, from 
time to time hereafter, forever, at his and tlieir will and pleasure, may 
assign, alien, grant, demise, or enfeoff, the premises, or any part or parcel 
thereof, to him or them that shall be willing to purchase the same, and 
to such person and persons as they shall think fit; to have and to hold 
to them, the said person or persons, their heirs and assigns, in fee simple, 
or in fee-tail, or for term of life or lives, or years; to be held of them 
the said Edwaixl Earl of Clarendon, George Duke of Albemarle, Wil- 
liam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir 
George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs 
and assigns, by such rents, services and customs as shall seem fit to them 
the said Edward Earl of Clarendon, George Duke of Albemarle, Wil- 
liam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir 
George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs 
and assigns, and not of us our lieirs and successors: and to the same 
person and persons, and to all and every of them, we do give and grant, 
by these presents, for us, our heirs and successors, license, authority and 
pt)wer, that such person or persons may have and take the premises, or 
any part thereof, of the said Edward Earl of Clarendon, George Duke 
of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony 
Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William 
Berkeley, their heirs and assigns, and the same to hold to themselves, 
their heirs and assigns, in what estate of inheritance soever, in fee-simple, 
or fee-tail or otherwise, as to them the said Edward Earl of Clarendon, 
George Duke of Albemarle, William Earl of Craven, John Lord Berke- 
ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and 
Sir William Berkeley, their heirs or assigns, shall seem expedient ; the 
statute in the parliament of Edward, son of King Henry, heretofore 
King of England, our pi-edecessor, commonly called tlie statute of quia 
emptores.terrnrum, or any other statute, act, ordinance, use, law, custom, 
or any other matter, cause or thing, heretofore published or provided to 
the contrary, in any-wise notwithstanding. 

And because many persons, born and inhabiting in the said province, 
for their deserts and services, may expect and be capable of marks of 
honor and favor, which, in res})ect of tlie great distance, cannot be con- 



COLONIAL RECORDS. Ill 



veniently conferred by us; our will and pleasure therefore is, and we do 
by these presents, give and grant unto the said Edward Earl oi' Claren- 
don, George Duke of Albemarle, William Earl of Craven, John Lord 
Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, 
and Sir William Berkeley, and their heirs and assigns, full power and 
authority, to give and confer unto and upon such of the inhabitants of 
the said province or territory, as they shall think do or shall merit the 
same, such marks of favor and titles of honor, as they shall think fit; so 
as their titles or honors be not the same as are enjoyed by or conferred 
upon any of the subjects of this our kingdom of England. 

And further also, we do, by these presents, for us, our heirs, and suc- 
cessors, give and grant license to the said Edward Earl of Clarendon, 
George Duke of Albemarle, William Earl of Craven, John Lord Berke- 
ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and 
Sir William Berkeley, and their heirs and assigns, full power, liberty and 
license, to erect, raise and build, within the said province and places 
aforesaid, or any pai't or parts thereof, such and so many forts, fortresses, 
castles, cities, boroughs, towns, villages, and other fortifications whatso- 
ever; and the same, or any of them, to fortify and furnish with 
ordnance, powder, shot, armour, and all other weapons, ammuni- 
tion, and habiliments of war, both defensive and oifensive, as shall be 
thought fit and convenient, for the safety and welfare of the said 
province and places or any part thereof; and the same or any of 
them, from time to time, as occasion shall require, to dismantle, 
disfurnish, demolish and pull down : and also to place, constitute and 
appoint, in or over all or any of the said castles, forts, fortifications, 
cities, towns, and places aforesaid, governors, deputy-governors, magis- 
trates, sheriffs, and other officers, civil and military, as to them shall seem 
meet ; and to the said cities, boroughs, towns, villages, or any other place 
or places, within the said province or territory, to grant letters or charters 
of incorporation, with all liberties, franchises, and privileges, requisite 
or usual, or to or within this our kingdom of England granted or belong- 
ing ; and in the same cities, boroughs, towns, and other places, to consti- 
tute, erect and appoint such and so many markets, marts, and fairs, as 
shall, in that behalf, be thought fit and necessary : and further also, to 
erect and make in the province or territory aforesaid, or any part thereof, 
so many manors, with such seignories as to them shall seem meet and 
convenient ; and in every of the same manors to have and to hold a court- 
l)aron, with all things whatsoever which to a court-baron do belong , and 
to have and to hold views of frank-pledge and court-lects, for the conser- 



112 COLONIAL RECOliDS. 



vation of the peace and better government of those parts, with such limits, 
jurisdictions and precincts, as by the said Edward Earl of Clarendon, 
George Duke of Albemarle, William Earl of Craven, John Lord Berke- 
ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and 
Sir William Berkeley, or their heirs shall he appointed for that purpose, 
with all things \\'hatsoever which to a court-leet, or view of frank-pledge, 
do belong ; the same courts to be holden by stewards, to be deputed and 
author] set 1 by the said Edward Earl of Clarendon, George Duke of Albe- 
marle, William Earl of Craven, John Lord Berkeley, Anthony Lord 
Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berke- 
ley, or their heirs, by the lords of the manors and leets, for the time be- 
ing, when the same shall be erected. 

And because that in so remote a country, and situate among so many 
barbarous nations, the invasions of sas'ages and other enemies, pirates and 
robbei-s, may probably be feared ; therefore, we have given, and for us, 
our heirs and successors, do give power by these presents, unto the said 
Edward P]arl of Clarendon, George Duke of Albemarle, William Earl 
of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Car- 
teret, Sir John Colleton, and Sir William Berkeley, their heirs or assigns, 
by themselves, or their captains, or other officers, to levy, muster and train 
up all sorts of men, of ^\ hat condition soever, or wheresoever born, whether 
in the said jirovince, or elsewhere, for the time being ; 'and to make war, 
and pursue the enemies aforesaid, as well by sea, a-s by land ; yea, even 
witliout the limits of the said province, and, by God's assistance, to van- 
quish and take them ; and being taken, to put them to death, by the law 
of war, and to save them at their pleasure, and to do all and every other 
thing, Avhich to the charge and office of a captain-general of an army, 
hath had the same. 

Also, our will and pleasure is, and by this our charter, we do give and 
grant unto the said Edward Earl of Clarendon, George Duke of Albe- 
marle, William Earl of Ci'aven, John Lord Berkeley, Anthony Lord 
Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berke- 
ley, their heirs and assigns', full power, liberty and authority, in case of 
rebellion, tumult, or sedition (if any should happen, whicli God forbid) 
either upon tiie land within the province aforesaid, or upon the main sea, 
in making a voyage thither, or returning from thence, by him and them- 
selves, their captains, deputies, or officers, to be authorised under his or 
their seals, for that purpose ; to whom also, for us, our heirs and succes- 
sors, we do give and grant, by these presents, full power and authority, 
to exercise martial lawagainst any mutinous and seditious persons of these 



COLONlAf; RECORDS. 11-3 



parts; sufh as shall refuse to submit themselves to their ooverumeut, or 
shall refuse to serve in the war, or shall fly to the enemy, or forsake their 
colors or ensigns, or be loiterers, or stragglers, or otherwise offending 
against law, custom, or military discipline; as freely and in as ample 
manner and form, as any captain-general of an army, by virtue of his 
office, might or hath accustomed to use the same. 

And our further pleasure is, and by these presents, for us, our heirs 
and successors, we do grant unto the said Edward Earl of Clarendon, 
George Duke of Albemarle, William Earl of Craven, John Tjord Berke- 
ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and 
Sir William Berkeley, their heirs and assigns, and to the tenants and in- 
habitants of the said province or territory, both present and to come, and 
to every of them, that the said province or territory, and the tenants 
and inhabitants thereof, shall not, from henceforth, be held or reputed 
any member or part of any colony whatsoever in America, or else- 
where now transported or made, or hereafter to be transported or 
made; nor shall be depending on, or subject to their government 
in any thing, but be absolutely separated and divided from the same ; 
and our pleasure is, by these presents, that they be separated, and 
that thev be subject immediately to our crown of England, as de- 
pending thereof, forever : antl that the inhabitants of the said province 
or territory, nor any of them, shall, at any time hereafter, be compelled, 
or compellable, or be any ways subject or liable to appear or answer to 
any matter, suit, cause or plaint whatsoever, out of the province or terri- 
tory aforesaid, in any other of our islands, colonies, or dominions in 
America, or elsewhere, other than in our realm of England, and do- 
minions of Wales. 

And because it may happen that some of the jjcople and inhabitants 
of the said province cannot, in their private opinions, conforni to the 
public exercise of religion, according to the liturgy, forms and ceremo- 
nies of the church of England, or take and subscribe the oaths and arti- 
cles made and established in that behalf; and for that the same, by reason 
of the remote distances of those places, will, as we hope, be no breach of 
the unity and conformity established in this nation ; our will and pleas- 
ure therefore is, and we do, by these presents, for us, our heirs and 
successors, give and grant unto the said Edward Earl of Clarendon, 
George Duke of Albemarle, William Earl of Craven, John Lord Berke- 
ley, Anthony Lord Ashley, Sir George Carteret, Sir John CoUetcMi, and 
Sir William Berkeley, their heirs and assigns, full and free license, lib- 
erty and authority, by such ^\•ays and means as they shall think fit, to 
11 



114 COLONIAL RECORDS. 



give and grant unto such person and persons, inhabiting and being within 
the said province or territory, hereby, or by the said recited letters patent 
mentioned to be granted as aforesaid, or any part thereof, such indul- 
gences and dispensations, in that behalf, for and during such time and 
times, and with such limitations and restrictions, as they the said Edward 
Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, 
John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir 
John Colleton, and Sir William Berkeley, their heirs or assigns, shall, in 
their discretion, think fit and reasonable : and that no person or persons 
unto whom such liberty shall be given, shall be any way molested, 
punished, disquieted, or called in question, for any differences in opinion, 
or practice in matters of religious concernments, who do not actually 
disturb the civil peace of the province, county or colony, that they shall 
make their abode in : but all and every such person and persons may, 
from time to time, and at all times, freely and quietly have and enjoy his 
and their judgments and consciences, in matters of religion, throughout all 
the said province or colony, they belia\'ing themselves peaceably, and not 
using this liberty to licentiousness, nor to the civil injury, or outward 
disturbance of others ; any law, statute or clause, contained or to be con- 
tained, usage or custom of our realm of England, to the contrary hereof, 
in any wise notwithstanding. 

And in case it shall happen, that any doubts or questions shall arise, 
concerning the true sense and understanding of any word, clause, or sen- 
tence contained in this our present charter; we will, ordain and command, 
that in all times, and in all things, such interpretations be made thereof, 
and allowed in all and every of our coiu-ts whatsoever, as lawfully may 
be adjudged most advantageous and favorable to the said Edward Earl 
of Clarendon, George Duke of Albemarle, William Earl of Craven, 
John Lord Berkeley, Anthony, Lord Ashley, Sir George Carteret, Sir 
John Colleton, and Sir William Berkeley, their heirs and assigns, although 
express mention, &c. 

Witness ourself, at Westminster, the thirtieth day of June, in the 
seventeenth year of our reign. 

PER IPSUM REGEM. 



^ 



COLONIAL RECORDS. 115 



[B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 5.] 



ACC° 

Off Fees in passiui)- y" Charter and Duplicate of Carolina vizt 

For the King.s war"' and Seeretarv taking- noe fee 1.02.06 

For M" Attorny Gen"" and his Clark's fees for drawing and 

Engroseing the Bill 17.17.06 

For the Kings signeing the Bill and the Secretary takeing 

noe fee 1.02.06 

For the fees of the Signett and the privy Scale £8 each 16.00.00 

For fees to the M"' of the Pattent Office and for Vellum Ruleing 

painting and Ingraveing the Pattent for the Broad Seale 

and to the Clarks ^. 26.05.00 

For Ld Chancellor pursebearer and his Clarke 1 .09.00 

For Ld Chancellors servant 2.00.00 

For Fees of the Hannap' Office 24.00.00 

For Fees of the duplicate of the Pattent office and for the 

vellum and engraveing it and to the Clarkes 15.00.00 

For Fees at the Haunaper Office 2.15.00 

106.11.06 
Fees pd in passing the last Pattent for Carolina July 1665 
For the Kings war"*: and signeing the Bill the Secretary take- 
ing noe fee 4.00.00 

For M'' Attorney gen'": and his Clarks fees for drawing and 

Engroseing the bill &c 11.05.00 

For fees pd at the Signett Office and the Privie seale 17.06.08 

For the Ld Chancellor pursebearer and Clarkes 1.04.00 

For the Master of the Pattent Office for Vellum ruleing &c 

InpToseinsi- the Pattent and to the Clarks 16.15.06 

For fees at the Hanai"" Office at Treitnara 20.07.08 

For expenses there in attending the great Seale 0.03.06 

71.02.04 
(Endorsed.) 

Paid M' Attornev Generall &c 21:02:6 



116 COLONIAL EECORDS. 



[B. P. R. O. Colonial Papers. Vol. 19. No. 101.] 

COMMISSION FOR GOV^ OF BARBADOES. 
? ABT. AUGUST 1665. 

Charles &ca. 

To Our Trusty & Wellbeloved Henry Willoughby, William Wil- 
lougliby Esq"'^ & to Sir John Yeamans Bart, Greeting 

Whereas wee were graciously pleased by Our Letters Patents & corBis- 
sion under our Great Sealc of England beareing date the 12*'' day of June 
in the lo"" yeare of our Reigne to constitute and appoint our right Trusty 
and welbeloved Francis Lord Willoughby of Parham our Captaine Gen- 
erall and Commander in chiefe in & over all & every our Islands Colo- 
nyes & Plantations in America commonly called the Barbadoes & the 
rest of the Carribbee Islands and of all other our Islands Colonyes & 
Plantations lying between the degrees of Ten & Twenty North latitude 
& extending from the islands of St. John and Porto rico easterly to three 
hundred twenty & seaven degrees with severall powers priviledges au- 
thorityes & preheminencies therein specified & contained to have hold ex- 
ercise and enjoy to him the said Lord Willoughby from the feast of the 
birth of our Lord then last past for and dureing the space of seaven 
yeares next ensuing to be fully completed if the said Lord Willoughby 
should soe long live. No^^' know yee That Wee reposing especiall trust 
and confidence in the fidelity, courage prudence and good conduct of you 
the said Henry Willoughby S"" John Yeamans and .... 
have constituted & appointed & by these presents doe constitute & ap- 
point you the said Henry Willoughby Sir John Yeamans and . 

. and in the absence of you the said Henry Willoughby then you 
the said William \^'illoughby and you the said Sir John Yeamans & 
our Governor in chiefe in and over all om* Islands 
Colonyes & Plantacons aforesaid in the absence of him the said Lord 
Willoughby and noe longer with all and singular the powers authorityes 
priviledges & preheminencies by our said letters patents and Commission 
to the said Lord Willoughby granted or intended to be granted in as full 
and ample manner to all intents & purposes as he the said Lord Wil- 
loughby did or ought t(j have hold exercise & enjoy the same to have 
hold exercise & enjoy ft) them the said Henry Willoughby William Wil- 
loughby & Sir John Yeamans in manner & forme aforesaid for & dure- 
ing Our pleasure. Given &ca. 



COLONIAL RECORDS. 117 



1666. 

[B. P. R. O. Colonial Entry Bk. No. 53. p. 113.] 



AN ACT FOR ENCOURAGEMENT OF TRADE. 

For as much as Tobacco is the only commodity by which this Province 
dotli at present subsist which by the unlimited freedome of all persons to 
plant what quantity's and at what tyme they please hath glutted all mar- 
ketts for divers yeares last past & for that reason is come to that low i"ate 
that were the times peaceable & trade open itt would not purchase neces- 
sarys for the planters & forasmuch as vast quantity's all ready made must 
needs ly upon the planters hand & perish upon his ace' if wee still con- 
tinue to plant tobacco as formerly for remedy whereof Be it enacted by 
Rt. Hon. the Lord Proprietor by & with the consent of the Upper and 
Lower House of this present (xenerall Assembly that from and after the 
first day of February which shall he in this present yeare 1666 [7] till the 
first of February which shall be in the yeare of our Lord one thousand 
six hundred and sixty sea yen n(je tobacco shall be sowen sett planted or 
any way tended within this Province of Maryland Provided that the 
Hon'''' Sir William Berkeley and the Assembly of Virginia and Wm. 
Drummond Governor of the Southward Plantations & the Assembly there 
doe make the like Acts in there severall & respective Assemblyes pro- 
hibiting the sowing setting planting or tending any tobacco in any 
place within their severall & respective jurisdiccons for the said 
yeare vizt from the first of February 1666 till the first of February 
1667 And for the better & surer execucon of this Act and obte}n- 
ing the desired end viz* the encouragement of Merchants t(^ trade 
with us for our necessary apparell Bee it further enacted by tlie 
authority and with the assent aforesaid that the Hon'''" Philip Calvert 
Esq'' Henry Courson ICsq"" Col. Nathaniel Uty M"^ Tho. Notley M'' Rob- 
ert Sly and Major Thomas Brooke or any three or more of them be sent 
Comm" from the Governor sufficiently empowered to treate and conclude 
with the Hon'''' Sir William Berkeley and the Assembly in Virginia or 
\vith Comni"^ by the said Sir Wm. Berkeley and the Assembly aforesaid 
sufficiently from them to be empowered and «-ith the said William Drum- 
mond Esq"' or Comm''" from him & the Assembly of the Colony under 
his Goverm' sufficiently as aforesaid to be empowered upon a totall ces- 
sation from sowing setting ^jlanting or tending Tobacco in their three 
Colonies as aforesaid and of the meanes to see the said Treaty and Con- 
clusion for a cessacon put into full and certaine execucon. 



118 COLONIAL RECORDS. 



And be itt further Enacted by the authority and assent aforesaid that 
whatsoever tlie said Philip Calvert Henry Coursey Natlianiell Utye 
Thomas Notley Robert Sly and Thos. Brooke or any three or more of 
them shall agree upon with the Commissioners to be impowered by the 
Hon'''^ Sir Wm. Berkeley Wm. Drummond Esq"^" & the respective 
Assemblyes tending only to the effectual cxccucon of tlie cessacon from 
planting tobacco in the yeare aforesaid sliall oblige all persons in this 
Province as fully as if the same had been particulerly distinctly and 
clearly in express words conteyned in this Act. 



Mem. The lawes above written past under the Great Scale of this 
Province the fourteenth day of June 1G6G. 

PHILIP CALVERT 

Chanc"^ 
[of Maryland.] 



[B. P. R. O. Shaftesbury Papers. Bm,E 48. No. 7.] 



THE PORT ROYAL DISCOVERY BEING THE RELATION 
OF A VOYAGE ON THE COAST OF THE PROVINCE OF 
CAROLINA FORMERLY CALLED FLORIDA IN THE 
CONTINENT OF THE NORTHERNE AMERICA 
FROM CHARLES RIVER NEERE CAPE 
FEARE IN THE COUNTY OF CLA- 
RENDON AND THE LAT. OF 34 
DEG. TO PORT ROYAL IN THE 
LAT. OF 32. D. BEGUN 14* 
JUNE 1666. 

PERFORMED BY ROBERT SANFORD ESQ'' SECRETARY AND CHIEF REG- 
ISTER OF THE RIGHT H0N''''= THE LORDS PROPRIETORS 
OF THEIR COUNTY OF CLARENDON IN 
THE PROVINCE AFORES* &C. 

Fungor Officii^. 
Anno Domini 1666. 

To Right Hon*"'* Edward Earle of Clarendon Ivord High Chancellor 
of England George Duke of Albemarle Capt. Generall of all His Ma""' 
Forces in the Kingdomc of England, Scotland and Ireland and Ma.ster 



COLONIAL RECORDS. 11! 



of the, Horse Wm. Lord Craven John Ijord Berkley Anthony Lord 
Ashley Chancellor of the Exchequer Sir George C'arteret Vice Chamber- 
laine of his Ma''^' Household Sir Wni. Berkeley Knt and Sir John Col- 
leton Knt & Baronet the true and absolute Lords Proprietors of all the 
Province oi' Carolina 

Right Hon"'^ 

It is not presumption but duty which presents this Narrative howso- 
ever rude & imperfect to soe illustrious I had rather say a Constellacon 
than a Corporacou The matter related was ijerforuied under your auspices 
in your Country and by your Servant. It measures to you my Lords (as 
his foot did Hercules) the greatnes of yo'' Sovereigns Giuft and to the 
world the greatnes of your trust and favour with him It shewes you in 
prospective how lastinge a renowne you may adde to your already most 
glorious names how boundles a grandeur to your longest posterity None 
indeede but God and the Kinge can move your hearts to doe theis great 
things for yourselves and nation Yet that such a nation be effected may 
and shall bee the prayers of 

Right Hon'"* 
with all submission readines & fidelity 
Yo"^ Lordi'P' servant 

ROB. SANDFORD. 

THE PORT ROYALL DISCO^^ERY. 

The Right Hono"* the Lords Proprietors of the Province of Carolina 
in prosecncon of his sacred Ma"^ pious intencons of planting and civil- 
lizing there his doniin' and people of the Northerue America, w"'' Neigh- 
bour Southward on Virginia (by some called Florida (found out and dis- 
covered by S" Sebastian Cabott in the yeare 1497 at the charges of H : 7 : 
King of England co.) Constituted S"' John Yeamans Baronet their L' 
Generall with ample powers for placing a Colony in some of the Rivers 
to the Southward and Westward of Cape S' Romania who departing 
from the Island Barbadoes in Octob: 1665 in a Fly boate of about 150 
Tonus accompanyed by a small Friggatt of his owne and a Sloope pur- 
chased by a Comon purse for the service jof the Colonyes after they had 
been seperated by a great storme att Sea (wherein the Friggatt lost all 
her Masts and himselfe had like to have foundred and were all brought 
together againe in the Ijeginning of November to an Anchor before the 
mouth of Charles River neere Cape Feare in the County of Clarendon, 
part of the same Province newly begunn to be peopled and within the 



120 COLONIAL RECORDS. 



L' Gen"' Comission They were after blo-\vue from their Anchors hj a 
■suddaine violent Gust, the Fly boate S"' John was in narrowly escapeing 
the dangerous shoales of the Cape. But tliis proved but a short differ- 
ence in their Fate, for returning with a favourable winde to a second 
viewe of the entrance into Charles River but destituted of all pilates 
(save their owne eyes (which the flattering Gale that conducted them did 
alsoe delude by covering the rough visage of their objected dangers with 
a thicke vaile of smoth waters) they stranded their vessell on the middle 
ground of the liarbours mouth to the Westward of the Channell where 
the Ebbe presently left her and the wind witli its owne multeplyed forces 
and the auxiliarvcs of the tide of flood beate her to peeces. The persons 
were all saved by the neighborhood of the shore but the greatest part of 
their provision of victualls clothes &c: and of the Magazine of Armcs 
powder and other Millitary furniture shipped by the Lords Proprietors 
for the defence of the designed settlement perished in the waters the L' 
Gen" purposed at first imediately to repaire his Friggatt which together 
^vith the Sloope gate safely into the Ri^■er when the Fly boate was 
driven off) and to send her back to Barbadcjs for recruity whilst himself 
in person attended the issue of that discovery which I and some other 
Gentlemen offered to make Southwards in the Sloope, But when the 
great and g'rowing necessityes of the English Colony in Charles River 
(heightened by this disaster) begann clamourously to crave the use of the 
Sloope in a voyage to Virginia for their speedy reliefe, S"' John altered 
that his first resolution and permitting the sloope to goe to Virginia re- 
turned himself to Barbados in his Friggatt. Yett that the designe of 
the Southern Settlement might not wholy fall, Hee considered with the 
freighters of the sloope that in case she miscarryed in her Virginia voy- 
age they should hire Captain Edward Stanyons vessell (then in there 
harbour but bound for Barbados) to pertbrme the Discovery and left a 
comission with mee for the effecting it upon the returne of the Sloope or 
Stanion which should first happen. 

The sloope in her comeing home from Virginia loaden with victuall 
being ready by reason of her extreeme rottennes in her timbers to Sinke 
was driven on shoare by a storme in the night on Cape looke out (the 
next head land to the north and Eastward of Cape Feare and about 20 
Le: distant her men all saved except two and with many difficulties 
brought by their boate through the great Sound into Albemarle River 
neere the Island Roanoake (within tliis same Province of Carolina, to the 
English Plantation there — 



COLONIAL RECX)RD8. 121 



Captain Stanyon in returning from Barbados weakly maued and with- 
out any second to himselfo driven to and agen on the seas for many 
weekes by contrary winds and conquered with care, vexation and watching 
lost his reason, and after many wild extravagances leapt over board in a 
frenzye leaveing his small Company and vessell (to the much more quiet 
and constant though but little more knowing and prudent conduct of a 
child, who yett assisted by a miraculous providence after many wander- 
ings brought her safe to Charles River in Clarenden her desire port and 
haven. 

I had now a vessell to perlbrme my Southerne Expedition l)ut disfur- 
nished of a Master and none here skilled in navigation to be perswaded 
to the voyage, least therefore a worke so necessary to promote the settle- 
ment of this Province should be poorely left without an attempt, myselfe 
undertooke the office, though no better capacitated for it then a little 
i-eadiug in the Mathematicks had rendered race with the helpe of a fewe 
observations made whilst a passenger in some late sea voyages to divest 
their Tediiuu. 

On the l^**" June 1666 I entered on my charge neare six months after 
the date of my Coiuission (so long had theire various accidents detained 
mee) and on the 16"" I left Charles River sayling AVestward with a faire 
gale att East alongst that goodly and bold ])ay which on her tw(^ Capes 
Feare and Romania as on two homes procures all dangers of flatts and 
shoales from her owne more gentle bosome. To make her yett more sig- 
nall I named her Berkly Bay fi'om the Right Hon"' John Lord Berkly 
and Sir William Berkly two of her noble Lords Proprietors. 

I was accompanyed by Cap' George Cary L* Samuell Hardy L' Joseph 
Woory Ens : Henry Brayne Ens : Richard Abrahall and M" Tho : Giles 
and severall other Inhabitants of the County of Clarendon to the num- 
ber of 17 besides myselfe (and the shipps company (which alas were but 
two men and a boy) with me I tooke a small shalloope of some three 
tonns belonging to the Lords Proprietors and appointed by the Lieu' 
Generall for that service in which I placed Ens : Henry Brayne of some 
Experience in Sea matters and two other men) soe reserving eighteen of 
all sorts in the biggest vessell whose burden alsoe exceeds scarce fiveteene 
Tonns. 

The 19"^ in the night it being very cloudy and darke and hee att our 
helme unawares bringing our vessell a Stayes wee lost Company of our 
Shalloope The 22"' about 7 a clock in the morning wee made the land 
and a faire River to Leward of us (haveing beene driven out to sea by a 
Southwest winde from the 13 to the 21 when a strong easterly gale brought 
12 



122 COLONIAL RECORDS. 



us in with the Shoare againe wee boi'e up to the River and a great way- 
kept our depth of six and five fathum water without any sign of breakes 
att length it shoaled, and wee could plainly discerne a breach) in the Eas- 
terne board. The River when wee first made it bore N. W. by W of us 
and by this time wee had brought it to N. W b : N : being therefore come 
into two fath : water and judging ourselves on the breake of the visible 
Easterne shoalings wee steered more Westerly and jjresently deepened our 
Water to three fatham and soe upwards But the wind being at East and 
the water Ebbing, if wee had goune more Westerly wee could not have 
luf'd in wherefore I resolved (noe breath appearing all before mee) to 
runn in directly with the River which nowe bore N. N. W. and in stand- 
ing in that course one heeve of tlie lead wee had butt 11 foot water but 
the next was two fatham which depth and between tliat and two fathum 
and a half continued a great while and as wee apjtroched the Westerne 
point of the Entrance it deepened soe that close aboard the point wee 
found five and six fathum water and took upwards to nine fathum all 
the way in it was halfe Ebbe att least when wee entered, and I am very 
much perswaded that if wee had goune soe farre Westerly as till the River 
had borne Xorth or N. N. E. wee had found a much deeper Channell for 
though it blew a very fresh gale att East (which here is alongst shore and 
Somewhat upon the Westerne Coast, yett wee could not discerne any ap- 
pearance of Elatts att all to the Westward. Being come about foure or 
five miles within the River I anchored and a Canoa with two Indians 
came presently aboard mee and told mee that was the Country of Edistoh 
and that tlie cheife towne or seate of the Casique was within on the West- 
ern shoare somewhat lower downe towards the sea by which relation I 
guessed this to be the same River that some English in a former dis- 
covery mentioned -by the name of Grandy (if it be not rather the French 
Gironde) and only sawe of att sea but entered not That it might no 
longer remaine under an unceii:aine distinction I called it from that the 
name of my L' Harry Haven. It lyes about 32.'* .3." The markes to 
knowe it by as y^ same come from Sea are theise, The Xorth East side is 
a blufe land rounding from the River and stretching East into the Sea 
hence a ledge of breakers runn out South befiire the harbours mouth, on 
which wee borrowed when wee made such Shoale water in our Entrance, 
the Southwest side makes a sharpe lowe wet point bare of trees, a pretty 
way from the entrance West and then shews a hummocke or two of thicke 
shrubby trees from this point the Coast tends S. ^V. and then AA'. S. W. 
just within the entrance is a shewe of a faire Creeke on the Starboard 
side and another on the West or larbord side almost oposite from the 



COLONIAL RECORDS. 123 



uper side of the East side Creeke a Marsh Island riming ont West and 
southerly almost crosse the River, edged to the seaward with a banke of 
oyster shells discernable a good way to sea as the same come from the 
Northward and perticularly meett with two lowe trees which in the offing 
and before the oyster banke is discovered seeme as vessells riding within 
the River. It flo^ys here East and West neere eight feete perjjendicnlar 
att spring tides the Woods on each side entring to us seemed to consist 
most of had oake, the land levell of an habitable heiglit generally with 
steepe redd banks here and there appearing over the marshes, on which 
in many places wee could see the feilds of Maiz greenly florishing. The 
next day being the 2o'''* June I went with my boate int(j a Creek on the 
East shoare opposite to where the vessell rode a very faire and deepe 
Creeke or River goeing North and Easterly to appearance a long M'ay 
being goune about a mile up I landed and according to my Instructions 
in presence of my company took a formall possession by turfe and twigg 
of that whole Country from the Lat : of 36 deg : North to 29** South and 
West to the South Seas by the name of the Province of Carolina For 
our Soveraine Lord Charles the Second King of England &c : his heires 
and successors and to the use of the Right Hon'''* Edward Earle of Clar- 
endon Geor: Duke of Albemarle, William Lord Craven, John Ijord 
Berkley Anthony Lord Ashley Sir George Carteret Sir William Berkley 
and Sir John Colleton their heires and Assignes according to the Letters 
Pattents of our Soveraigne Lord the King. I ranged a little on either 
side this Creek passed through Severall Feilds of Maiz or Indian Corn, 
and following the guidance of a small path was brought to some of the 
Indians Habitations, I found all the land that I passed over whether I 
went back or alongst the side of the Creeke a rich fatt soyle black 
mould on the topp and under mixed with a soft redd marie (which 
and a stiff clay) I after found the most generall foundation of all 
the laud noe swamp, noe sandy land on the outside of the W cods 
some single scattring Pine trees but of the sort which is called 
spruce. The rest and the Generallity of the timber being Oake, Maple, 
Ash, Walnutt Popler Bayes & the trees tall and streight but not very 
large growing closer together than I have scene in any other part of this 
Province The reason I guesse of their being so slender) They are for the 
most part a well seized building timber and some fewe wee sawe of oake 
and maple that would beare three or fowre foot over a very great burthen 
upon the ground and nuich of it of such groweths as wee know to be an 
excellent feetling for cattle and so thick and high that it made our trav- 
elling very tedious. The next day I went some miles u]) the maine Riyer 



124 COLONIAL RECORDS. 



and finding a Creeke ultsoe on the Eu.^t ,-,idc Nvhicli opened some groves 
of Pine trees to our veiwe, I put in there purposely to see that sort of 
land and found this if any the Swamps of this Country for this Creeke 
carryed us into low broken Marshes and Islands of these Pine trees lying 
almost levell with the water Wee landed on some of them found them 
firme and dry (though severall dayes and. the very night before w^ee had 
store of raine) and with(jut any signes of haveing ever beene overflowed 
yett they are seemingly soe seated as that great store of raine and frequent 
must necessarily stand in them The Pines are all spruce the soyle a fatt 
black mould witli a scai'ce discernable mixture of sand foundee alsoe 
either on marie or clay as the other lands and bearing a very great bur- 
then and though on the outside Wee sawe onely pine trees yett being 
entred the ^^'ood wee found alsoe Oake and severall other timber trees of 
a very large seize Att a venture wee called those kind of lands pine 
swamps. But I esteeme them a very profitable tillable ground and some 
of my Company did after this see an Indian planted feild of this sort 
which they told mee bore as tall Maiz as any. We rowed along way up 
this Creeke and besides theise swamps sawe and ranged through very 
spacious tracts of rich Oake land and yett wee were not past the Oyster 
bankes and frequent heapes of shells nor the salt water, att my return 
downe the River T sent some a shoare to range on the West side who did 
constantly affirme that the lands tliere were of an equall excellency with 
the best of those wee had other-u'here viewed and that they beleived itt 
an impossible Injunction to be putt to march to the end of the tracts 
being therefore well satisfyed with the successe of our discovery hitherto 
I wayed and stood downe the River intending a short stay att the land- 
ing place neerest to the cheife seate of EdistoAve whither the Indian had 
intreated of mee that they might with the lesse trouble come aboard mee 
to trade. When wee were here a Captain of the Nation named Shadoo 
(one of them which Hilton had carryed to Barbados) was very earnest 
with some of our company to goe with him and lye a night at their 
Towne which hee told us was but a small distance thence I being 
equally desirous to knowe the forme manner and populousnesse of the 
place as alsoe what state the Casique held (fame in all theise things prefer- 
ring this place to all the rest of the Coast and fower of my Company 
(vizt) L* Harvey L' Woory M" Thomas Giles and M"" Henry Wood- 
ward forwardly oifring themselves to the service haveing alsoe some In- 
dians aboard mee who constantly resided tliere night & day I permitted 
them to goe with tliis Shadoo they returned to mee the next morning 
with great coincndatioiis of their Entertainment but esjjecially of the 



COLONIAL RECORDS. 125 



goodnes of tlie land tlioy luarcht through and the delightfull scituation 
of the Towne, telling inoe withall that the Casslque himsselfe appeared 
not (pretending Some indisposition hnt that his state was supplyed by a 
Female who received them with gladnes and courtesey placeing my L' 
Harvey on tlie seat In- her, their relation gave myselfe a curiosity (they 
alsoe answering mee that it w;i.s not above foure miles oif ) to goe and see 
that Towne and takeing with mee Cap' George Cary and a file of men I 
marched thither ward followed by a long traine of Indians of whome 
some or other alwayes presented himselfe to carry mee on his shoulders 
over any the branches or Creeks or plashy corners of Marshes in our 
way. This walk though it tend to the Southward of the West antl con- 
sequently leads neere alongst the sea coast yett it opened to our view soe 
excellent a Country both for ^^'ood land and Meadowes as gave singular 
satisfaction to all my Company Wee crossed one Meadow of not lesse 
then a thousand Acres all firme good land and as rich a soyll as any 
clothed with a fine grasse not passing knee deep but very thick sett and 
fully adorned with yeallow flowers. A pasture not inferior to any I have 
seene in England the wood land were all of the same sort both for tim- 
ber and would wath the best of those wee had ranged otherwhere and 
without alteration or abatement from their goodnes all the way of our 
march Being entered the Towne wee were conducted into a large house 
of a circular forme (their generall house of State) right against the en- 
ti'ance was a high seate of sufficient breadth for halfe a dozen persons on 
which sate the Cassique himselfe (vouchsafeing mee that favour) with his 
wife on his right hand (shee ■nlio had received those whome I had sent 
the evening before) he was an old man of a large stature and bone. 
Round the house from each side the throne quite to the entrance were 
lower benches filled with the whole rabble of men women and children, 
in the center of this house is kept a constant fire mounted on a great 
heape of Ashes and surrounded with little lowe formes Captain Cary and 
myselfe were placed in the higher seate on each side the Cassique and 
presented with skinns accompanied with their ceremonyes of Welcome 
and friendshipp (by stroaking our shoulders with their palms and suck- 
ing in theire breath the whilst) the Towne is scituated on the side or 
rather in the skirts of a faire fbrrest in which att severall distances are 
divers fields of Maiz with many little houses straglingly amongst them 
for the habitations of the particular families. On the East side and part 
of the South It hath a large Prospect over Meadows very spatious and 
delightfull, l)efore the Doore of their Statehouse is a spacious walk 
rowed with trees on both sides tall ct full branched, not much unlike 



126 COLONIAL RECORDS. 



to Elmes which serves for the Exercise and recreation of the men who by 
couples rnnn after a marble bowle troled out alternately by themselves 
with six foot staves in their hands which they tosse after the bowle in their 
race and according to the laying of their staves winn or k»ose the beeds 
they contend for an Exercise approvable enough in the winter, but some- 
what too violent (mee thought) for that season and noone time of the day, 
from this walk is another lesse aside from the round house for the chil- 
dren to Sport in. After a few howres stay I retorned to my vessell with 
a greate Troope of Indians att my heeles. The old Cassique himselfe in 
the number \\ho lay aboard mee that night \\ithout the society of any of 
his people some scores of which lay in bopthes of their owne imediate 
erection on the beach. — While I lay here I had perfectly understood that 
the River went through to another more Westerly and was passable for 
our vessell and alsoe that it was not much more than a tides worke 
through through. This increased my desire of pa.ssing this way especi- 
ally being perswaded that this next River was J(.)rdan (Hilton intimate- 
ing as much in his Journall and mapp) wherefore on the 27'^ of June 
with the help of the tide of flood (the wind being contrary) I turned upp 
the River soe haveing oportunity to tiy the whole channell which I 
found generally mid and between that and six fathum deepe and bold 
home to each shoare till wee were come about 10 miles from the harbours 
mouth where the River was contracted between the marshes yett here 
(except in one or two places where some flatts narrowed the passage) wee 
seldom founde lesse then five fathum water. The river being narrowe 
and variously winding noe gale would att any time serve us long soe that 
wee were forced for the most part to towe through and that often against 
the winde which proved very tedious nor could wee passe but by day, 
which with lying two tides a ground to stopp some I^eakes made it Sun- 
day morning the first of July before wee came into the next Westerly 
River, and by it into the Sea again. Though by the Travers I tooke of 
our course I found it performable with light boates in one tide of flood 
and an Ebbe. The passage is. generally betweene the River and Wood 
especially on the Island side on the East or Maine side of the Marsh is 
much narrower and in many places the river runns close under the banke 
of wood land which wee had the oportunity es to view and found it to 
continue its excellency without change or dimuntion, The Indians alsoe 
that inhabitt the Inner parts of it assuring us that it was all alike. The 
next Westerly River is a pretty faire river not lesse broad then Harvey 
Haven But its Channell more crooked narrow'd and Shallowe, the West 
side of itt (as wee found afterwards is but a necke of land haveing a 



COLONIAL RECORDS. 127 



Creeke or two which seeme to goe through into the next River It is for 
the generallity th-owned marshes alsoe yett in some places the bank is 
high crowned here and there with small groves of wood, consisting of 
dry plantable land surrounded a good space with a firme meadowe or 
pasture Land and presenting most delectable Seates for Summer recesses. 
I did a little wonder to see the Sea and no appai'ent open passage 
first to the Westward as I expected (still imagining this to be the River 
Jordan) and ^^"hen I was come out of it into the sea and sawe none of 
those markes which Hilton had prefixed to Jordan I was in a great puz- 
zell to knowe where wee were gott. Nothing of the coast raakeing like 
those drafts which Hilton had given of itt, But the winde first dying 
into a calme and then againe blowing contrary with some ^Menaces of an 
evening storme I putt into the Ri\'er againe and being anchored went a 
shore on the east point of the Entrance where I found Shadoo (the Cap- 
tain of Edistow that had beeue with Hilton att Barbados) and severall 
other Indians come from the Towne by land to see for our comeing forth 
of whome I asked whether this wan the River which Hilton was in, 
they told mee noe butt itt was the next River, This assured mee that 
Jordan was yett further and that Hilton had noe knowledge of this 
River and see could not lay it doMiie I demanded the name of this River 
they told mee Edistowe still and pointed all to be Edistowe quite home 
to the side of Jordan, by M^iich I was instructed that tiie Indians assigne 
not their names to the Rivers but to the Countryes and people, amongst 
theise Indians was one who used to come with the Southern Indians to 
trade M'ith us att Charles Towne in C'larendon and is known to us by 
the name of Cassique hee belongeth to the Country of Kiwaha and was 
very earnest with mee to goe \vith my vessell thither assuring mee a 
broad deepe entrance and promising a large -welcome and plentifull enter- 
tainment and Trade I told him I must first goe to Port Royall and that 
in my return I would see his Country, but for his better seciu-ity hee 
would needs accompany mee to Port Royall and soe bee my Pilate (as 
hee made mee understand) tor their River and presently hee sent away 
his Companion to give notice to the chiefe Cassique of the place of my 
Intention that hee might prepare for my comeing and himselfe went on 
board with mee. That evening blewe a storme of winde att S. W (the 
frequent sommer stormes on this coast) soe violent that (though in the 
River) I durst not trust to my ordinary roade, but kept my short anchor 
underfoot — 

With the riseing of the morne I weighed and stood out to sea haveing 
an Easie Gale att N. E. and a Tide of Ebbe. INIv course out Lay S. E. 



128 COLONIAL RECORDS. 



between two bankes of shoales lesse then halfe a mile distant I choase 
rather to keep in the sounding of the Easterne then of the W. Flatts, 
both because the winde was Easterly and soe I could beare up from them 
when I would and alsoe because haveing both in goeing out and comeing 
in the day before borrowed on the Westerne shoalings I should by this 
Easterly Course take knowledge of the whole channell, I was scarce shott 
a mile without the Eastermost point of the Entrance but the winde 
wholv left mee and the Ebbe (which the flatts on either side makeing soe 
faire a lane I expected should sett directly out to Sea) did runn with soe 
strong a current over the Easterne sands that att the second heave of my 
lead I was cast from two fatlium into six foot water and I drewe five 
into a rowling sea on the very edge of a breach) I had no way but ime- 
diately to lett fall one anchor soe to stay the vessell from precipitating 
on her ruine whilst I might carry forth another Anchor to warpe her 
into deepe water The first was presently downe but to gett out the sec- 
ond which was to confirme our safety proved hughesly difficult [Wee lay 
in soe tumbling a sea that our boate could not bee brought to our bowe 
without danger of staveing, I had but two men with mee entered to Sea 
labour and the most spirited and active part of my company were Gen- 
tlemen but little used to any labour, one of the seaman must necessarily 
stay within board to deliver the anchor and Cable that was to be carryed 
out however the danger made every one give his best helpe and with 
much adoe the boate is brought to the bowe and the Anchor put into her 
but all our strength could not stemme that Tide of Ebbe which had hur- 
ried us into the perill and must therefore be encountered in the way to 
bring us out, but a starne wee fall against the whole force of our Oares, 
A second attempt is made with doubled strength but one breakes his 
shoales another his Oare and nowe cumbered with our owne vessell num- 
ber in a boate of scarce ecjuall seize we l)ecame rather weaker than at 
first yett we have noe other way left but this to prevent our weake 
(heaven not yielding us one breath of aide) therefore to worke wee goe 
againe and refix our boate, but in theise past fruitles performances soe 
much time had beene spent as had given the Ebbing tide a further ad- 
vantage against us to the allmost perfecting our destruction for by 
this time the vessell by her repeated stroakes as it were to res- 
cue herselfe from those inhospitable sands, gave us warning that 
her condition was well neere desperate, yett out goes our boate 
againe and god mercifully improved our strength to the getting 
forth an anchor though not much farther than our vessells length) 
yett soe farre as brought us into two fathum water the banke on which 



COLONIAL IIEOORDS. 129 



wee had grounded proveing steepe to, by reason which wee the more 
easily wrought ourselves out of those unkind embraces and to the praise 
of the Almighty Deliverer were snatched from either an instant descend- 
ing into the Gorge of the uusated Ocean or the more slow and painfull 
progresse to our ends in a naked exposure amongst Nations whose piety 
it is to be barbai'ous and Gallantry to be inhumane. This ill Enter- 
tainment made us brand the place with the name (tf Port Perrill, it lyes 
in the Lat: of 32* 25" or therabouts and may be known when vou are 
in the very entrance by its Easterne point which is a very lowe point of 
Land bare of trees or other growth save a i'ewe stragling shrubbs, hence 
the River goe in N N W and N. W. b : N. a small Greeke running in 
East just ^A'ithin the point The Coast hence to the Eastward tends neerest 
E. b: X. ^vith Sandy bayes and appeares even and l>luft'c with trees when 
you are in the offing the Westerne part of the Entrance lyes within as 
in a deep bay and beare from the East, point N. W. b: W. or W. X. W. 
about two miles It is a bare sandy bay with a fewe shrublis next the River 
and thinn scattering Pine trees — more Southerly the Coast thence AVest- 
ward tends S. S. W. and all between this and Jordan shewes with severall 
hummacks like broken land or Islands when you are off liefore itt and 
especially next to Port Perill appeares a wide opening as of a River but 
it is nothing but but bare sandv bayes or oyster bankes with lowe Marshes 
behind them Jordan or as wee now call it Yeamans harbour from the 
name of our L* Generall opens about two leagues to the Westward of 
this between two bluffe lands from the AA^estermost of which the Xorth 
East end of an Island which from Cap' Cary wee named Gary Island) 
runns out E S E and makes all the Coast between it and Port Perrill 
lye in the forme of a deepe bay all bet^veene Yeamans Harbour and Port 
Perrill are shoales and foule ground which from the West Point of Port 
Perrill runne out S. E. before the mouth of Yeamans Harbour to almost 
an even range with the outermost face of Cary Island From the East 
Point of Port Perrill a Rowe of breakers range themselves parrallell 
with the Westerne shoales, and ^\•ere the same which had like to have 
proved so fatall to us att our coming out thence neere a League within 
Port Perrill are three distinct groves of trees elevated on pretty high 
bankes with lowe Marshes in easy interval they lye neere E. and West 
and when you are soe farre south an Westerly as that the lowe sandy 
point off the Entrance wholy disappeares Theise shewe themselves as 
though the mouth of the River were betweene two bluife lands with a 
round woody Island in the middle of itt, in steering in if you come from 
the South and Westward, keepe East in three fathum water till you bring 
13 



130 COLONIAL RECORDS. 



this seeming Island to touch the Easterne bluffe head and then stand in 
N. W. by N. and N. W. with the head land rather takeing the sound- 
ings of the Easterne flatts then of the W. if the winde will permit and 
you will have two fatlium water little more or lesse all the way in att 
lowe water as you come neere in you will discerne the Eastern lowe sandy 
point betweene you and that bluile land and the sandy bayes — along the 
Easterne Coast steering in Avith that sandy point and you will deepen 
and have five fathum water close aboard it. 

After wee were gott cleare of the sands the Ebbe being doune and the 
gale springing up wee made sayle and stood out to sea but wee were not 
got farre ere the wind shifted to South East and the flood sett soe strong 
into the narrowe bay that wee could neither board it out nor gaine to the 
Westwai'd of the shoales which lye before Yeamans Harbour so to runne 
in there, wherefore I came to an Anchor in three fathum water till the Ebbe 
att least might helpe us to worke out against the winde whilest wee rode here 
wee espyed to our great rejoyceing the Shalloope whome wee lost the lO* of 
June in the night shee was come forth of Yeamans harbour and stood to 
and againe before the Southwest Coast betweene it and Cary Island to 
shewe herselfe not being able to come out to us for the same reason that 
kept us imbayed, wee alsoe fired a gunn and putt out our Colours to lett 
her knowe that Mee sawe her but could not gett to her for the flatts that 
interposed. 

To goe into Yeamans Harbour Hiltons direction is (and itt seemed true 
to mee as I lay befoi'e itt though I went not in) to goe in on the West 
side of the shoallngs which are opposite to the mouth thereof and which 
are contiguous with tlie flatts of Port Perrill giveing a ledge of Iweakers 
that lye before the south west Cape of the Entrance a small birth and 
soe to steere in with the North East land of the Entrance and the least 
depth he sayes is two fathum att lowe water and soe upwards to six or 
seaven fathum when you come neere under the said Easterne land But I have 
understood since from Ens: Brayne that betweene that Lodge of breakers 
which lye beti)re the S(juth West Cape and the end of Cary Island is a 
Channell which hee aflirmes has about three fathum water where shoalest 
which alsoe when you are past that lodge of breakers sett over to the 
North East land of the Harbours mouth The Ebl;)e nowe beginning to 
make wee weighed and plyed off to sea with some difficulty boarding it 
out of the dangerous and foule bay wherein still about three leagues from 
shoare the deepest water we could finde was scarce three fathum and in 
our turning wee generally into a fathum and a halfe on each side and 
this though it was high water, a jjlace to be attemjited with Care when 



COLONIAL RECORDS. 131 



the winde is oft' a.s now it is by night wee were got cleere of all danger 
into six and scaven fothuni water I stood off and on all night and in the 
morning found my selfe off" the sealx)ard side of Cary Island in the mid- 
dle betweene two openings this Island fills up almost the whole space 
betweene Yearaans Harbour and Port Royall, to seaward it makes an 
even smooth land pretty bluife with trees and tends south west and North 
East about three leagues in length It shewes two small openings neere 
Equidistant from either end and from each other from the Westermost 
opening all Westward the Coast is bold Five fathum water within halfe 
a league of the shoare more Easterly it is not so deepe. 

The morning was calm and soe continued till about two o'clock after- 
noon when a fresh gale sprang up att North East which in a short time 
opened to us AVoory Bay and the mouth of Port Royall Woory Bay of 
L' Woory is made by tlie South Westei-ly end of Cary Island and the 
Southermost Cape or headland ^^'ithout Port Royall (called from the first 
discoverer Hilton head N\-hich is the fiirthest land in sight as you come 
from the Northeast ak)ng by the end of Cary Island whence it beares 
neerest S. W. and is bluffe with trees large and tall ^^•hich as you 
approach them seeme to looke their topps in the sea, Port Royall mouth 
opens in the bottome of this Bay neerest to the Westward side thereof 
the opening is wide little lesse then two leagues The Westermost land 
of it running out almost South to Hilton head and baying in like a halfe 
bent bowe makeing the West side of Woory bay from the East side of Port 
Royall the land tends away east Northerly into Giles streights (the passage 
on the backe side of Cary Island named soe from M"' Thomas Giles) and 
formes the bottum of Woory Bay Before this part of the Coast and the end 
of Cary Island in all the Easterly part, of the bay. It shoales and very 
uneven ground unsafe to meddle with towards the Eastermost angle of 
it oposite to the entrance into Giles streights lyes a sand hill pretty high 
with some smaller about it visible a good distance off in comeing from 
the Westward as you part from Cary Island steere away S. W. with Hil- 
ton head and you will soon thwart the Channell of Port Royall which 
you will finde by the deepening of the water from five to seaven fathum 
and upward. It lyes neerer towards the West Land and runns 
in N. N. W. towards the Easterne land of the Entrance (by us called 
Abrahall point) haveing seldom so little as seaven fathum water all 
the way in. The shoales in the East part of the bay lye poynting out a 
good way to sea therefore it wilbe safe for shipps of burthen to kcepe out 
till they have brought Hilton Head to beare about N. N. E. from them. 
' When I had opened Woory Bay sayling S. W. along by the end of Cary 



132 COLONIAL RECORDS. 



Island 1 had bi'uuglit the Sand hills within a siteurne of mee I luffed 
into the bay to try the soundings of that Eastermost part of itt and af- 
ter a little while came on the shoalings and found them so uneven that 
it was ordinary to differ two fathum in the heave of a lead Being there- 
fore satisfyed with the dangerousnes of this part of the Bay I bore up 
againe and stood away with Hilton Head erosse some of the shoales till 
I came to seaven eight and to about tenn fathum water. Then I steered 
away with the body of the West land betweene Hilton Head and the 
Entrance of Port Royall and shoaled ui>' water by degrees to six fathum 
(which deptli continued a good while and att length to five and foure 
fathum and to three within less tlien a mile of the woodside Then I 
brought my tacks al)(iard and stood Xorth Easterly to gett into the 
channell againe and after some time deepened my water to five six and 
seaven fathinn I then steered away with the East land of the River 
within Arahall point still deepning my ^vate^ till att length the Ebbe 
being strong and wee makeing fresh way against it with a large winde I 
could not for a good space strike ground \\ith my lead. — ^Vbout midnight 
the third of July I came to an Anchor within the River in seaven fathum 
water the least depth I could then finde) a little above the Entrance into 
Brayne sound or the passage which goes through to Yeamans Harbour 
soe called from Ens : Brayne who twice sailed itt I woidd advise all who 
enter Port Royall to goe in upon the s(jundings on the west side of the 
Channell till they come a good way within Hilton Head. That side 
being the evenest ground and freest from all danger They may keepe in 
six and seaven fathum all the Avay in and then as they steere more Easterly 
to^vards Abrahall point they will finde it much deeper It flowes here E. 
S. E. The next morning I removed opposite to the principall Indian Towne 
and then anchored before itt where I had nott ridd long ere the Cassique 
himselfe came aboard mee with a Canoa full of Indians presenting mee with 
skinns and l)idding mee welcome after their manner I went a shoare with 
him to see their Towne which stood in sight of our vessell Found as the 
forme of building in every respect like that of Eddistowe with a plaine 
place before the great round liouse for their bowling recreation att the 
end of which stood a faire woodden crosse of the Spaniards Ereccon But 
I could not observe that the Indians performed any adoration before itt, 
All round the Towne for a great space are severall fields of maize of a 
verv large growth the soyle nothing inferior to the best wee had seene att 
Eddistowe apparently more loose and light and tlie trees in the woods 
much larger and ranged at a greater distance all the ground under them 
burthened exceedingly and amongst it a great variety of choice pasturage 



COLONIAL RECORDS. 133 



I saw here besides the great number of peaches which tlie more north- 
erly places doe alsoe abouiul in some store of ligge trees \'erv large and 
faire both fruite and plants and diverse grape vines which thovigh grow- 
ing without culture in the very throng of weedes and bushes were yett 
filled with biuiches of grapes to admiration. It was no small rejoycing 
to my Companv (who began to feare that after Edistowe they should see 
nothing equally to content them) to find here not onely a River so much 
superiour to all others on tlie Coast Northward but alsoe a Country 
which their fancyes though preengaged could scarce forbeare to preferrc 
even tliat wliich but a little before they had concluded peerlesse. The 
To\\'ne is scituatcd on an Island made by a branch wliich cometh out 
of Brayne sound and falleth into Port Royall about a mile above where 
wee landed a Scituation not extraordinary here rather the whole Country 
is nothing else but severall Islands made by the varit)us intervcnings of 
Rivers and Creeks yett are they firmc good lands (excepting what is 
Marsh) nor of soe small a seize but to continue many of them thousands 
of acres of rich habitable wood land whose very bankes are washed by 
River or Creeke which besides the fertility add sncli a comodiousnesse 
for portage as fe^'e countrys are equally happy in. 

After a fewe hourcs stay to viewe the land about the Towne I retorned 
to my vessell and there found Ens: Brayne with his Shalloope come that 
morning through Brayne sound from Yeamans harbour att the mouth of 
which wee had seene him two dayes before Hee told niee that the same 
morning that I made Harvey haven hee came in with the shoare more to 
the Eastward and sayled along it till towards evening when hee entered 
Yeamans harbour supposing it Port Royall and not findeing race there 
nor any knowledge of mee and guessing that I might be more Southerly 
hee came through to Port Royall and acquainted himselfe with Wommony 
the Cassique sonne (who had alsoe beene att Barbados) whom hee easily 
prevailed with to beare him Company from place to place into severall 
Creekes and branches betweene this and Yeamans harbour soe beeomeing 
both his Guide and protection that he had by this meanes a large leasure 
and oportunity of veiwing all that part of the Country which he did soe 
loudly applaud for land and rivers That my Companies Conaendations of 
Eddistowe coidd scarce out noise him, — sufficiently satisfied with this 
relation (confirmed by those with him I resolved to loose him no time in 
a second search of that parte but to goe a tides worke up the maine River 
and see the body of the Country, and at my retorneto enter a fai re Creeke 
on the West sluyarc opposite to where the yessell rode, and soe to viewe 
that side which Ens: Brayne had not medled with being the more desir- 



134 COLONIAL RECORDS. 



ous alsoe to trye this Creeke because the Indians reported that it lead to 
a great Sontherne River which peireeth farre into the continent and I 
suppose may be the frenchmens river May or the Spaniards S' Mathias, 
with the Flood therefore and a favourable fresh Gale of winde I sayled 
up the River In the shalloope neere thirty miles passed where it devides 
itselfe into two principall branches the Westennost of which I went upp 
and conceiving myselfe nowe high enough I landed, here I found the 
Ground presently within to rise into a pretty lull and as I ranged 
fiu-ther I crossed severall fine falls and riseings of land and one 
brooke of sweete water which rann witli a mourmoring course betweene 
two Hills a rarity towards the sea Coast (to M'liich our former searches 
had beene confind in which wee had not seene any fresh water but in 
wells which Inconvenioncy was not to be borne with were it not to be 
healed l)y the easie sinking of Wells every where The land here was 
such as made us all conclude not only a possibility that Eddistowe might 
bee but a certainty that it was exceeded by the Country of Port Royall — 
Being fully tired with our March through a ranke growth of vines, bushes 
and grass which everywhere follo\Aed our leggs and proclaimed the rich- 
nes of the soyle I retired to my boate and with the Ebbe towards our 
vessell wee passed diverse faire Creekes on eac-h side the river but entered 
none, haveing not much time to spare and being satisfyed by the sorts of 
wood wee sawe and the bankes that the land \\'as all of like goodnes to 
what we had already veiwed only in one jjlace the land seemeing lower 
than usuall and wuth a great mixture of pine (or rather spruce) I went 
in there and after I was somewhat A\-ithin the woods found it very plashy 
and water standing everywhere in holes about ankell deepe or deeper 
caused as I thinke by the late raine which had fallen somewhat plenti- 
fully for there appeared no sign of constant swampis hues (as in the Ci- 
presse swamps more northerly) nor anything that might discourage the 
manureing it. The morning was pretty faire spent ere I came downe to 
the vessell again wherefore I made haste and changed my Company and 
then crossed the River into that Westerne Creeke I spoke of which after 
three or fowre miles opened into a great sound full of Islands of difterent 
sizes Southward It went into the Sea by two or three out letts in our 
sight westward Wee still opened newe branches some bigger some lesse 
like those wee had already passed and found to crumble the Continent 
into Islands; I spent the remainder of this day and the best part of the 
next in this sound went a shoare on severall Islands found them as good 
firme land as any wee had seene, exceedingly timbred principally with 
live Oake and larger cedar and bav trees then anv I had seene before on 



COLONIAL RECORDS. 135 



all the Coast In one of them wee entered a pleasant grove of sprnce 
Shading a very cleare pastnre of fine grasse in which we rowzed a brave 
herde of deere and thence called it the Discoverers Parke. This Island 
conteines some hundred of acres and both wood and Marsh proper for 
planting grazeing and for feeding swine and all the Islands of this Soiuid 
that were in our veiwe (some fewe small ones excepted that were onely 
Marsh) are in all appeareance alike good proportionable to their biggnes 
with high bankes richly crowned with timber of the largest size soe that 
of what we sawe in this sound onely might be found habitations for 
thousands of people with conv^eniencyes for their stock of all kinds in 
Such away of accomodation as is not comon, And if the Sound goe 
through to such a great River as the Indians talk of (which seemes very 
probable) It will putt an additionall value upon the Settlement that shall 
be made in it, It abounds besides with oyster bankes and such hcajjs of 
shells as which noe time cann consume but this benefitt it hath but in 
comon with all the Rivers betweene this and Harvy Haven which are 
stored with the necessary materiall for time for many ages and lying soe 
conveniently that what ever neere river or creeke you cann thinke fitt to 
sett a house there you may place your lime kill alsoe and possibly in the 
banke just by or very neere finde stay for your bricke kill &c: the great 
and frequent sculls of Fish wee mett with gives us expectation of advan- 
tage and imployment that way alsoe In sume wee ci)uld see of nothing 
here to bee wished for but good store of English Inhabitants and that 
wee all heartily prayed for, I gave my name the Honour of calling this 
sound by it, and do believe that if this place bee setled by us it may 
hence receive a longer duration then from any access within the reach of 
a rational hope. 

Within night I retorned to the vessell and the next day being the T"* 
of July I took in some fresh \vater purposing that night to leave Port 
Royall and retorne homeward haveing in the discovery already made, ex- 
ceeded all our o^vn and therefore confident to ansM^er all other Expecta- 
tions besides each mans proper occasion hastened him and the considera- 
tion of the charge of the vessell hired att five and twenty jiounds ster- 
ling "^ month made us earnest not to detaine for a minute o( time un- 
necessarily. We alsoe designed our selves some dales to see the Country 
of Kywaha one of whose Inhabitants remained still with us for that 
onely purpose But a little before night the Cassique of Port Royall come 
aboard and brought with him a proper young fellowe whome hee made 
mee to understand to be his sisters sonne He demanded of mee when I 
would retorne thither and shewing mee the moone asked whether within 



136 COLONIAL RECORDS. 



three times of her eompleating her orbe, I told him noe, but in tenn 
moiithes I would, he seemed troubled att the length of time and as it were 
begged mee to come in five, but I continued my first given number. Att 
length hee gave mee this young fellowe told mee hee should goe and re- 
torne with mee and that I must clothe him & then hee asked mee when I 
would sayle I told him presently that night but hee very much impor- 
tuned mee to stay untill the next day that he might prepare mee some 
venison and made signes as hee parted that if in the morning hee should not 
see mee hee should crye and soe hee left mee and tlie Indian with mee I was 
somewhat pleased with the adventure haveing before I came on the discov- 
ery wished that if I liked the Country I might prevaile with the Indians to 
lett one of their Nation goe with mee I leaving an Englishman in their 
roome for the mutuall learning their language And to that purpose one of 
my Company M' Henry ^^'oodward a chirurgeon had before I sett out as- 
sured mee his resolution to stay witli the Indians if I should think con- 
venient wherefore I resolved to stay till the morning to see if the Indians 
would remaine constant in this intention, according to w^hich I purpose 
to treat fiu-ther with them on the morrow therefore I went a shoare to 
their Towne took Woodward and the Indian with mee and in presence 
of all the Inhabitants of the place and of the fellows relations asked if 
thev approved of his going along with mee, they all with one voyee con- 
sented after some pause I called the Cassitpie and another old man (his 
second in authority) and their wives and in sight and heareing of the 
whole Towne delivered Woodward into their charge, telling them that 
when I retorned I would require him att their hands they received him 
with such high Testimonyes of joy and thankfullness as hughely con- 
firmed to me their great desire of our Friendshipp and Society. The 
Cassique placed Woodward by him upon the Throne and after lead him 
forth and shewed him a large field of jNIaiz which hee told him should 
be his, then hee brough him the sister of the Indian that I had with mee 
telling him that shec should tend him and dress his victualls and bee care- 
full of him that soe her brother might l)ee the better used amongst us — 
I stayed a while being wonderous civilly treated after their manner and 
giveing Woodward formall possession of the whole Country to hold as 
Tennant at Will of the Right Hon*'° Lords Proprietors, I retorned aboard 
and i mediately weighed and fell downe — 

An Indian that came with mee from Eddistowe with Intention to goe 
noe further then Port Royall seeing the kindnes and mutuall obligation 
betweene us and the people of this place that his nation and tribe might 
bee within the League voluntarily offered hirnselfe to stay with mee alsoe 



COLONIAL RECOUPS. 13^ 



and would not bee denyed, and thinkinii- tliat soe hcc sliould bee the 
more acceptable hee caused hini.selfe to bee shoaren on the Crowne after 
the manner of ths Port Royall Indians, a fashion which I guesse they have 
taken from the Spanish Fryers, thereby to intiratiate themselves with 
that Xation, and indeed all alontj I oliserved a kind of emulation amongst 
the three prineipall Indians of the Country (vizt:) those of Keywaha 
Eddistowe and Port Royall concerning us and our Friendsliipp each con- 
tending to assure it to themselves and jealous of the other though all be 
allyed and this notwithstanding that tliey knew wee were in actuall wari'e 
with the natives att Clarendon and had killed and sent away many of 
them For they fr('(|iicntly discoursed wirli iis concerning tlic \\arre, told 
us that the Xntives were noughts, the land sandy and l)arren, tlieir Country 
sickly, but if wee would come amongst them wee should tindc the con- 
trary to all their evills, and never any occasion of discliargeing our gniuis 
but in merryment and for pastime. 

The 10"' of July in the morning I was fiyre before the River that 
leadeth into the Country of Kywaha !)ut tlie Indian of the place who 
undertooke to bee my guide and stayed all this while witli nice for that 
onely purpose would not know it to be the same but confidently and con- 
stantly affirmed to mee that it was more easterly an<l att h'ligth when F 
was almost neere euyugh to g((e in witli great assiu'cance and .biv he 
shewed mee a head land not farre ott' about whi<'h he iittirmed tlie en- 
trance to bee. This confidence of his made mee stand away but bv that time 
I had sayled some two leagues hee sawe his Error when it was too late, 
for nowe the winde was soe that I couhl not fet<'h the River againe and 
if it had been fayre I was sure not to enter it before night,- and I did 
not like the Complexion of the Heavens soe well as to trve that night 
upon the Coast. 

The River lyes in a IJay between Harvey Haven and Cape S' Roniana 
wherein wee found 7 or 8 fathum water very neere the shoare, and not 
the least appearance of shoales or dangers in any part of itt It she\Ae« 
with a very faire large opening cleare of any flatts or barre in the En- 
trance onely before the Easterne Point wee sawe a breach but not farre 
out I perswade myselfe that it leads into an excellent Coiuitry both from 
the Comendation the Indians give itt and from what I sawe in mv rang- 
ing on the Easterne part of Harvey Haven the next neighbouring land 
to this wherefore in hopes that it may prove worthy the Dignity I called 
it the River Ashley, from the Right Hon"" Anthony Lord Ashley and 
to take away every little remaine of forraigne title to this Province I blot- 
ted out the name of S' Romane putt before the next Easterly Cape 
14 



138 COLOlSnAL EECORDS. 



and ^\•ritt Cape Cartrett in the roome to evidence the m(jre reall rijrlit of 
8"' George Cai'trett as liee is a Lord Proprietor of Carolina — 

The 12* of Jnly about noone I entered Charles River and before darke 
night landed at Charles To^vne in the County of Clarendon to the great 
rejoyceing of our Friends who yett received not our jiersous moi'e grate- 
fully then tlu'v did the Sound Comendations which they heard from every 
one of us without one dissonant note of that never enough to be valued 
country which wee had scene and searcht in which may be found ample 
Seats for many thousands of our Nation in a sociable and comfortable 
vicinity secured from any possible genei'all and from all probable particle 
Massacres with such other accommodations to boote as scarce any place 
cann parralell in a clime perfectly temperate to make the haliitation pleas- 
ant and where such a fertile soyle cannot faile to yeild soe great a variety 
of Productions as will not give an absolute selfe subsistance to the place 
without all manner of necessary forraigne dependance but alsoe reach a 
trade to the Kingdomc of England as great as that shee has with all her 
neighboars and render our Soveraigne Lord the King within his owne 
Dominions and tlic Lands possessed by his Natural English subjects 
universall Monai'ch of the Traffique and Comodity of the whole World 

ROBT: SANDFORD 

For a further continuation hereof take this Testimonial! given of this 
Country by the principall Gentlemen with mee in this Discovery who 
have attested under their hands as much as I have sayd and yett noe 
more tlian what thousands had they been there would alsoe have 
affirmed — 

Clarendon 

in 
Carolina 

Wee whose names ai-e hereunto subscribed having accompanied L' Col : 
Robert Sandford in a voyage of Discovery on the Coast and Rivers of 
this province to the Southward and "West^^•ard of Cape S' Romane as 
farre as the River Port Royall and being all of us persons Mell experi- 
enced in the nature and qnalitves of the severall soyles in theise Regions 
and some of us by meanes of our Tra^•ells throughly acquainted with 
most parts of America Northerne and Southerue Continent and Islands 
Doe hereby declare and testefie to the whole World that the Coiuitrv 
which we did and see from the river Grandy nowe Harvy Haven to Port 
Royall inclusive doth for richnes and fertillity of soyle for excellency of 
Rivers, havens, Creeks and Soimds for abimdance of good Timber of 
diverse sorts and many other requisites both to land and sea building and 



COLONIAL KECOiiDW. 139 



tor .suiidrv rare accoiniiKMlatioiis both for Navigation and Plantation ex- 
ceed all places that wee know in possession of onr Nation in tlie West 
Indies and wee doe assure ourselves that a Colony of P^nglish here 
planted with a moderate support in their Infant tendernes would in a 
very short time improve themselves to a perfect Comonwealth injoyin<>- a 
selfe sufficiency of all the principall Necessarves to life and ahounding; 
with a greiit variety of superfluetyes for the Invitation of Forraigne 
Comerce and trade and which for its scite and production woidd be of 
more advantage to our Native Country the Kingdome of Elngland and 
to the Grandeur of our soveraigne Lord the King his Crowne and dig- 
nity then any (we may say all) his t)tlier Dominions in America And wee 
doe further avouch that this Country may bee more securely setled and 
cheaply defended from any the attempts of its native Inhabitants then 
any of those other places which our Countrymen iia\'e retincd from the 
Drosse of Indian IJarbarisnie In Witnes whereof wee have hcreinitu sett 
our hands this 14"' of July 1GG6. 

HENRY BRAYNE. GEORGE CARY 
RICHD: ABRAIIALL. SAM" HARVEY 
THOMAS GILES. JOSEPH WOOLiV. 



[B. P. R. (). Coi.oNrAL Papeiis. Vol. 20. No. 104.] 

A COMMISSION FROM Y' GCJVER'- OF MARYLAND TO 
M^ THOMAS NOTLY et OTHERS TO TRFAT 
ABOU^r A CESSATION OF PLANT- 
ING TOBACCO. 

June 26"' IGOG. 
Charles Calvert Esq''" Ijieutent: Gen" and Chief govern'' of the 
Province of Maryland to Phili]) Calvert Esq''" Henry Coursey Esq"', 
Nathaniell ITty, Thomas Notley, Robt Slye, Mars'" Thomas Brooke Esq""' 
Greeting, Whereas at an Assembly of the freemen of this Province, and 
their Delagates held at S' Maryes the 10"" day of Aprill one thousand six 
hundred sixty and six. There passed an Act entitled, An Act for en- 
couragement of Trade, Wlierein it is enacted that from & after the first 
day of February which sliall l)e in this present yeare one thousand six 
hundred sixty and six till the first of February one thousand six hun- 
tlred Sixty & seaven, no tobacco shall be so>\'iie, sett plantetl or any \\aies 
tended in this Province of Maryland. Provided that the Hon'''" Sir Wil- 
liam Berkeley and the Asseniblv in Yirgiuia, and AV™ Drummond Flsfi''" 



140 COLONIAL RECORDS. 



guveruu' of Carolina and the Assembly there doe make tlie like Act in 
their Severall & respective Assemljlies, prohibiting the sowing, setting, 
planting, or in any waies tending any Tobacco in tlie said yeare within 
their severalle and respective jnrisdicons. And fnrther whereas it is pro- 
vided by the said Act that you the said Philip Calvert, Henry Conrsey, 
Nathaniel Uty, Thomas Notley, Robert Slye and Tliomas Brooke or any 
three of you be sent Com'" from mee with full power to treated conclude 
upon a total cessation from sowing, setting, ])lanting, or in any waies tend- 
ing an V Tobacco in and during the said yeare with the said S'' W" Berke- 
ley and the said \\'"' Drumniond or Com'" fi-om them and their respective 
Assemblies, to be impout-rcd to the like one intent and pur])osc obliging 
all personncs whatsoever within this Province to observe whatsoever you 
the said Phili|t ( alvert, llenry Coursiy, Xathaniell Uty, Thomas Notley, 
Rol)ert Slve and 'Hiomas Brooke, ov any three or more of you shall 
agree upon w ith the said S' \\'"' Berkeley and M'" Drununond Esq'" or 
the Com'' by tlu'm or their Assemblyes to be impowered as aforesaid 
tending only to the etfectuall Execution of that Act as by the said 
Act (relaa)n being thereinto had) more at large appeareth, Now know yee 
that as well for the Contidence I have in you the said Philip Calvert, 
Henry Conrsey, Nathaniell Uty Thomas Notley Robert Slye and Thomas 
Brooke as for that you were nominated Com" by the Assembly aforesaid. 
Have constituted, appointed and ordeyned and empo^\■ered and doe by 
theis Presents Constitute, appoint ordeine and impower you the said 
Philip Calvert, Henry Coursey, Nathaniell Uty, Thomas Notley, Rob' 
Slye and Thomas Brot)ke or any three or more of you Commission'^' to 
treate w*^ the said S"' W"" Berkeley and W" Drummond or Commission- 
ers from them and their Respective Assemblies as aforesaid And upon 
the said Treaty to agree and Conclude upon a Total Cessacon from sow- 
ing setting planting or any waies tending any Tobacco within any of 
these Colonies aforesai<l, from the first of February one thousand Six 
hundred sixtv six till the first of February, one thousand six hundred 
sixtv seven Whei'efore I doe request that the said Commissioners or 
any three of them be C'reditted and believed in all things which they 
shall doe in and concerning the premises Promising to Ratifie confirme 
and approve whatsoever shall be done by them according to this my 
Commission and according to the true intent and meaning of the Act 
aforesaid given at S' jNIaryes Under the Lesser Scale of the Province the 
26" day of June in the yeare of his JAr Dominion over this Province 
Annoque Domini 1G(3G. 

Copia A^era teste 

THO: LUDWELL SEC 



COLONIAL RECORDS. 141 



[B. P. R. O. Colonial Papers. Vol. 20. No. 114.] 

ARTICLES OF AGREEMENT CONCERNING THE CESSA- 
TION IN VIRGINIA AND MARYLAND AND AL- 
BEMARLE AT -JAMES CITY r2"> JULY KJGO. 

Articles agreed, aixl conclndi'd upon at Jaiiie.s City the 1 '2"' of .July 
1GG6 BetAA'eene tlif I Ion'''" 'I'hoinas Liidwell Esq™ .secretary of Virginia 
Maj' Gen" Rob' Smith, Maj'' Gen" Ricliard Bennett, Capt Daniell Parke, 
Cap' Joseph Bridger Capt Peter Jennings and M"' Tlionias l^alhirdGent: 
Connui.ssio'"Mroin the Hi>;ht llono'''" S' W" Berkeley Knt and the As- 
sembly of Virginia and the Hono"' Philip Calvert Esq'" Henry Con rsey 
Esq''* Natlianiell Uty, and Rob' Sley Esq" Commissio"' from the Hono'''^ 
Cliarles Calvert Esq'' Govern'' of Maryland and the Assend)ly their snf- 
ticiently by the Laws and C\)micons of the Gov''" and Colonies impowered 
and the Hono*'' William Drummond Govern'' of Albemarle County in 
the Province of Carolina, and Tho: Wot)dward surveyor Gen' of the said 
Albemarle Comity Commissio''" by the deputie Gen' CV>urt, and Commit- 
tee of y" said County being y'' Legislative power of y' said Coinity 
for y^ time being sufticiently impowered to treate, and conclude upon a 
totall cessation from sowing, setting, planting, or any \\aies tending any 
tobacco in any the three Colonies abovesaid, or any parte of them in the 
yeare 1667. Whereas there passed an Act entituled an Act for y^ Encour- 
agement of Trade at an Assend)ly held at Maryland y' 10"' of Aprill 
1666 wherein it is enacted that from and after y'' first day of February 
which shall be in the present yeare 1666 untill ye fir.st of February 
which shall hee in ye yeare of our I^ord 1667 Noe Tobacco shall be 
sowed, sett, planted, or any waies tended in the said Province of Mary- 
land, Provided That the Hono'''' S"' W" Berkeley Knt and ye Assembly 
of Virginia and AVilliam Drummond Esq''* Gov' of Carolina, and ye 
Assembly there doe make the like act in their severall Assemblies Pro- 
hibiting the sowing, setting, planting, or any w^aies tending any Tobacco 
in the said yeare within their severall and respective jnrisdiccons, and 
whereas the said Hono*"'* S'' W" Berkeley Knight and ye said Assembly 
of Virginia did at an Assembly held at James CHty ye o"" of June last 
past in concurance with the said Act of Maryland make a Law with y' 
same Restriccons and Prohibicons of planting, setting, sowing, or any 
waies tending any Tobacco within this Colony of Virginia with the same 
provisions and Limitacons as are conteyned in the said act of Mary- 
land. 



142 COLONIAL RECORDS. 



And whereas the said W" Drummond and Thomas Woodward Gov 
and Commissio'' for ye said Albemarle Ctmnty have promised and nnder- 
taken to procure an Act in their Conncell and Committee prohibiting- the 
soM'ing, setting, planting or any -waies tending any Tobacco in the said 
County of Albemarle from ye first of February which shall bee in the 
yeare 1666 till ye first of February which sliall bee in the yeare 1667 
and ye same Law so made one <jr more authentique Coppies Thereof 
cause to bee delivered to the Right Hon'''" ye Gov'' of Virginia and tlie 
Hon''''' Governo'' of Maryland at or liefore the last day of September next 
ensuing the date hereof. 

And whereas ye said Act of Virginia and Maryland and the said ( )rd'' 
of the Courts and Connnittee of Albemarle County signed by the depntie 
Gov Councill Speaker and Committie thereof Have amongst other Matf' 
and things nominated, constituted, impowered and appoynted us the sub- 
scribed to bee Commissioners to treate, and concluded upon a total! ces- 
sation as aforesaid in the places and yeare aforesaid and to treate and con- 
clude upon the most Effectnall meanes of ])utting ye said Acts into 
Effectual! Execution ol)leidgeing themselves and the publi(]ue Faitli of 
their respective Collonies to ratefie, and conlirmc wliatsoever sliall bee 
treated, and concluded on l)y and between ye said ( 'onnnissio'' in manner 
and to the intents aforesaid in ol)edience to and i'or t!ie better execution 
of the said Act. It is tlierefin-e l)y us tlie said Com^'' ni' the said Re- 
spective C'ollonies foufluded and agree<l. 

First That tlie said Lawes for a total! cessation fi-om [)lantiiig, setting, 
sowing, or anv waies tending tol)acco in any, or any part of all oi' either 
of the said Collonies t)f Virginia and Maryland bee effectually putt in 
Execution in Virginia and Maryland, Provided that the said Gov : 
Conncell, and Connnittee of Albemarlt' County doe malvc a Tjaw tliere 
prohibiting ye sowing, setting, planting, or any waies tending any To- 
bacco in the said County from ye first of February whicli shall l)e in the 
yeare 1666 till ye first of Feln-uary 1667 in like manner as is alieady 
doiine in Virginia and Maryland and the same act soe as aforesaid to bee 
made sliall transmitt to the Gov of Virginia and Maryland or authen- 
tique Coppies tliereof at, or l)efi)re tlie last day of Sejitember next Ensuing 
the date hereof — 

Secondly For the l)etter and more etfectual l-llxecution of tlie said 
Lawes in the Several Colonies aforesaid. It is concluded and agreed Ijy 
and between us the said Com'"'' tliat the Severall and respective Gov' 
Councellor and Justices of the Peace and all other Pnblique officers 
within the said Collcmies of Virginia, Marvland, and Alliemarle County 



('()[.( )i\I A L RPX'OUDS. 14;] 



ill ( 'nroliiui to (;tl\<' ;i sdlciiiii oath upon the lOvimticlists to iisr their Best 
and utmost Kiuloavour fully and ElVwtually to see the said Lawes exe- 
cuted accurdin<r to the true intent and meaning of the said Lawes and 
tliese Articles without any partialitie or evasion and the said oathes to 
bee taken liefore sueh persons as shall l)ee apj^oynt^^^d hy the respective 
CoUonies if they siiall thiiii<e Htt to appoynt any such. 

Tiiirdly. For tlie mutuall and better securitie of each respective Prov- 
ince from any damage w Incojiveuienee that may arrive or happen to 
tliem by the breach of the said Act in their neighbour Cxjllonies, It is 
agreed and concluded l)v and between us Tlie Commissioners aforesaid that 
there sliall bee free k'ave and full power Left to all and Everie of the said 
Colony to appoynt anil imi)owei- sueh persons as they shall think fitt to 
goe into any part of their Xeighbour Collonies there to see wether the 
said Act bee broken or not, and if they find them broaken then upon 
complaint made by the said pei'sons soe impowered to the Gov"' of y'^ 
Colony soe oifending against the Intent and meaning of the said Act, the 
said Gov and the other Magistrates of the said C'Olony offending as afore- 
said shall bee oblidged fo^■th^vitl^ to employ their respective authoritive 
and utmost power for the Effectnall punishment of such offenders by 
cutting up their Tobacco either sowen, planted, sett or tended as afore- 
said. 

That these above menconed articles are our mutuall agreenits accord- 
ing to the power given I^s as aforesaid. W'vv the said Com''^ have here- 
unto sett our hands and scales tlie (hiy and yeare and in the place first 
above mentioned. 

WILL. I)RUMMO>;i) (scale) PHILIP CALVERT (scale) 

ITK ) : W( )( )DWARD (scale) HEXPvY COURSEY (scale) 

XATH: UTY (seale) 

ROBT SLYE (seale) 

THO: LUDWELL JUN' 
THCJMAS LITDWELL JITX' (seale) 
ROBERT SMITH (seale) 

RICHARD BENNETT (seale) 

DANIELL PARKE (seale) 

JOSEPH BRIDGERS (s:eale) 

PETER JENNINGS (seale) 

THOMAS BALLARD (seale) 

( 'o]iia vera teste: 

THO. LLDWELL JUN'. 



144 COLONIAL RECORDS. 



[B. P. R. O. Colonial Papers. Vol. XX. No. 125— Extract.] 

THOS. LUDWELL, SECRETARY OF VIRGINIA TO SEC. 
LORD ARLINGTON IS JULY 10(36. 

Virginia Julv Ls"' KjHO. 
Rio-ht Hon''' 

Mv most honored Ii(H-(l 1 hnvc Ix'cn nlrcndy very lon^ and yet I have 
on<' tliinsi' vci'v important to advise yonr Lordship witli, whicli is tiiat 
X'iririiiiii, Marvhuid & Carolina have at leiigtli jiranted to tlie desires of 
the people a law for a t(jtall cessation from j>laiitiiig tol)aeeo in the yeare 
l(i67 the wliole transactions whereof I shall herewith send yonr Lord- 
ship to be by the King confirmed or disaproved if it be ill or that it bee 
found prejndiciall to his Ma"™ intrest either in poynt of cnstome or any 
way elce we hiunbly desire to have his determinacon soe soon as eonven- 

ientlv we may that the people may kno^v how to employ their labours. 
* * * * 

THO. LUDWELL. 



[B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 6.] 



Right Hon""' 

It is now a considerable time since I had the the hone"' to treate with 
a Committe of vour Lord''" cho.sen from among yo'selves conserning the 
setling (jf a Colony at Cape Feare, and although there was no absolute 
accord and fineall agrem' yet severall consessions were then offered by the 
s* Conunittee, and by me dispatched to the Barbados to the Adventurers 
there who did intrust me, who imediately retornecl aswer that they would 
accept them and accordingly gave me power to conclude \\ith yoiu' 
Hon"'. But in the Interim comes one M'' now S'" Jn" Yeamens and l:)y 
his Sonne otfers other and contrary Articles to w' the Adventurers did 
desire and made such spetions pretences that your Hon"' made an abso- 
lute agreenit with him and refused to confirme those concessions formerly 
oflfered me, though I then foresaw and also tould your Hon" there was 
no likelihood he should performe his covenant notwithstanding he had 
cntrf^il into a peuall bond of 100(H' to accomplish it. Now may it please 



COLONIAL RECORDS. 145 



your Hon" it is so f'allenout as I foretould tluit no iiiatcrcall part of tiiu 
sd covenant is pei-fbrnied but on the contrary tlie Adventurers and pres- 
ent planters liigldy dissatisfied that they should not have thof;-, conces- 
sions at least which were tendred and upon which they went, eonfirnied 
unto them they thought those concessions hard enough, but those other 
Intolerable, ^^^lel•cfbre what I luunbly recjuest is that I niav have the 
Hon' of one speedy Conference more with as many of you Lord'""' as may 
be. that I may put a fineall end to my negotiation and I cannot but hope 
for a good one since I am resolved to propound nothing but what shall 
be as well for your Hon" Interest as that of the Colony The reason why 
I humbly desire this meeting may be so speedy, is, because many in Eng- 
land New England Barbados yea and those that are actually uppon the place 
do wait for the Isue of this my last address which if good I do promise 
with Gods leave, and your Hon'' favour to set fourth a good ship with 
men and provisions imediately for Cape Feare and and also manefest to 
your Hon" the likelyhood of severall other ships to follow in the Spring 
but it is high time that those that gt) this yeare shall be making ready : 
if the success of this my last addresse shold be unsuccessfull (which God 
forbid) all those that have entrusted me though they may have begun a 
plantation and some are actually uppon the place, have advised me that 
they will draw of and quite give over the designe. And then it will be 
seen whether they be the Major pte yea or no : But I feare not but if I 
have but time and opportunity I shall manetest the Necessity of graimt- 
ing those things I shall humbly offer in order to the estableshing a Col- 
ony that may thrive and prosper under your Hon'' governiTi' which that 
it may do under your Hon' and your successor from Generation to Gen- 
eration is the prayer of 



R' Hon^ 



Aug 15"= 1666. 



Yo' Hon'^ faithfull and most obedient 

servant 
HEN : VASSALL sole agent 

for the Adventurers and planters 

of Cape Feare 



[B. P. R. O. Shaftesbury Papers. Bdle 48. No. 81.J 

*Right Honourable, 

The Gent chosen for an Assembly for the County of Clarendon in 
Carolina, upon a view and consideration had of your Honours Charters 

*NoTE. — The contents of this paper show its date to be about the same as that of the preceding 
one. — Ed. 

15 



146 COLONIAL RECORDS. 



and Concessions to the said County did supplicate for a Redress cheafely 
in three things, as to grevious to be required of them. 

1 . Thp halfe penny "^ acre for all Lande 

2. The undeceniall way of division of tliere lande 

3. The Injuntion on penaltye of forfiture of keeping one man on every 
hundred Acres. They added these Reasons, viz. 

1. To the first that in all their land where or howsoever taken up theire 
are of these three sortes viz. Pine Swamp and Marsh which make up 
much the greater jjart of theire proportions and are yet so wholy unprofit- 
able that to pay a halfe penny per acre for them is more then there val- 
lew wherefore they did signifie there Redresse, that those landes, what 
proportion soever they beare to the good Oake Land should bee accounted 
to them as soe many Acres but not as to pave the said Rent by those 
acres ; they were rather willing to paye a greater Rent for wliat acres of 
Oake land they should possess soe as they might be excused the paying 
rent for the Rest and did propose it as an Expedient to paye one penny 
per acre Annually for all tlie Oake land in there respective Tracts as the 
Rent due for the whole : and that your Honours Survay in Bounding out 
there lande should certify in perticule)' the quantity of Oake land accord- 
ing to which the Rent should bee Resarved in tlie deede of conformation 
for lands. They enforced tliis with a complam* that it was sufficiently 
grevious to them after so chargeable and hazardous an adventure to 
whicli they were onely incouridged by the consideration of such Quanti- 
tyes of lande to bee constrained to accept of land soe wholy unusefull, 
and which did so much incomode every mans settlement and therefore 
they hoped your Honour would not add this burthen to their sadd dis- 
appointment. 

2. To the second, that they arived here the most of them beefore the 
Conssessions ware framed and had there laud assigned to them by certaiue 
meats and bounds on which they have planted and bilt, that therefore to 
have those lands now cast into such a way of Lotte as the Conssessions 
contrive, and the undesimall part reformed for your Honour will cer- 
tainly alter all those bounds and remove every mans possession wliich 
cannot but bee Ruine to Most; nor doe they see how this waye of allot- 
ments can be practised in the Futux-e, at least soe as to bee any benifit to 
your Honours for the good land lying soe widely dispersed what is already 
taken up though but halfe the proportion due to each person, runns to an 
extent of at least tliree score miles soe that what is to take up will lye soe 
Remote from all conveiniencyes that it caunot advantage your Honour to 
have an eleventh part at that distance, and indeed that kinde of divition 
appointed by the concessions is not at all practicable heare, because the 



COLONIAL RECORDS. 147 



good laiicls do noe where lye .so contiguou.s nor soe in any place as 
equally to accoramodate the whole generall lot. And a very great niischife 
it would bee to any whose lott shall fall where there is not a foote, they 
did expresse a great desire that somewhat might be oftered to your Hon- 
our in valine of this undecimall part bat finding no thing heare I'eally 
worth your acceptance they durst rather bee silent then propose any igno- 
ble compensation. 

3. To the third, having already declared soe fully the nature of the 
lands in this country they thought it unnecessary to multiply reasons 
against the keeping a man on every hundred acres it being evident from 
what is s* that in very many places a hundred acres would not maintaine 
one man. 

This Addresse and Representation being made to the L' Gen" and his 
Councell and there concurance in all humble maner desired in a petition 
to your Honour for a release from these reall pressures. They certainly 
knowing all this to be truely soe as it is remonstrated, ware the redier to 
joine in prayers soe Rational and soe nesessasary, and therefore with one 
harte and voyce we the Governer Councell and assembly or representa- 
tion for the county of Clarendon in Carolina beseach your Honour's to 
to take the premisses into your serious consideration and to releive us 
according to the true raerrite of our cause. 

May it please your Loi'dshipp. 

This humble address as it is above written was perpated with the 
allowance and consent of the Honorable Sir John Yeamans Baronet L' 
Gen" under your Lordshipp of this Province at such time as he was 
heare with us and presided in our Councells; who at first gave us all the 
appearance of his purpose to joyne with us in the subscription thereof. 
But when it was engrossed and presented to him to bee signed he made 
this answer that his further thoughts had discoursed unto him an absurd- 
itie in owneing under his hands so perticuler a knowledge of the soile in 
this County into which he was but newly come, and that therefore he did 
conceive it might give a better reputation to our cause if he did exempt 
himself from the Gen" Addresse, he added that his intimating to your 
Lordshipp in his private letter the full satisfaction he Jiad received with 
in himself of the greviousnes and unpracticablenes of these three injunc- 
tions espetially would stronger inforce our arguments to your Lordships 
and more advantage the Acceptance of our prayers then his appearing 
jointly with us, and soe he left us with sufficient Incoridg™' to proceed 
with our petition by ourselves and with our hopes enlarged that though 
hee lobored not openly with us hee would yet labor more effectually for 



148 COLONIAL EECORDS. 



us Thus therefore and ui)oii these grouuds wee doe presume Right Hon- 
ourable to press unto your presents and being now heare doe in all humil- 
ity offer these further to your noble consideration. 

1. That wlien all the fame of this province was left in that black cloud 
of Reproaches which a party of the first new england Adventurers had 
wraped the whole country in and noe mans eare or month or hand was open 
to heare or speake or act in her defence, wee then from no other incitem' 
but the glory of that venture which is made for Publick advantage, did 
by a vollentary and full contryl)uti()n dispell those mists of scandall and 
revive a lustre bright enough to direct and provoke to a seizure by 
meanes of which expence your Lordshipps have the possession of a parte 
which may be improved to aseminary for the whole provence if the dis- 
coridgement from without the place prove not more fatall then those 
within it; neither can wee think this seirvis really performed for your 
Lordshipjjs inferior to that which is but promised nor is it a frindly argu- 
ment that because wee have settled in aworse part of the country wee 
must have the worse conditions, since therefore those whome wee credited 
as your Lordshij^ps plenipotentiaryes in Bai'badoe were pleased soe well 
to consider of the success of those our contrybution as in your Lord- 
ships name to promise us five hundred acres of land and soe pro- 
portionally for every 1000 of sugar wee had expended on that second 
discovery without which (wee can make it plainly ajjpear) though all 
else was ready the designe had yet fallen, since also tis most certaine that 
if Port Royall bee ever presented with powerfull invitations to a culture 
it will bee from the consequence of these our supernumerary disburses 
wee hope it will not be offensive to your Lordshipp that we deprecate a 
punishment upon our misfortunes and beg to have that conformed to us 
notwithstanding oin- ill suckses, which was granted as the prize of our 
vigerous crowding in to your Lordships servis, through all the obstickles 
that Mallice or conterary pollicies could object. 

2. That those nombers of the Carolina adventurers who made the sep- 
eration and intercepted that treaty which wee had comenced with your 
Lordships, presenting different proposalls and accepting other conditions 
ware such as had the whole bent of there affections towards port Royall 
and never purposed further to second there diverted adventures on this 
county of Clarendon which then might conduce to the establishing them 
an interest in the county of Craven Nvho beeing now by the said callain- 
ity which fell on Sir Jno. Yeamens disappointed in there expectations 
there nessesarily discouridged proceeding heare : and evidence the same 
not onely by a silent discontinuance, but alsoe by a claraerous drawing 
off, those againe on the other side who ware determinate for this county 



COLONIAL RECORDS. 149 



stop'd in there oarreare by tliese unexpected concessions have remayned 
at a staye ever since, with too much appearance of never reinclyning 
there motion this way. Thus is tliere an approaching; k)ss to all con- 
cerned to the King and nation, loss of dominion and trade to your Lord- 
shipps loss of the name and Honor of enlarging- both these, to the adven- 
tiu-ers loss of money and hopes increased in us that are herebv the loss of 
our whole substance; and all this unavoidably unles you Honours reein- 
tegrating that treaty which your Honours once desended to with us and 
in us with the adventurers of ould and new England and by granting us 
these priviledges which you were once not very far from granting us 
(which very probably you will) the Actineuity of such who can trample 
on all other difficultyes when supported by that which they opinion Fre- 
dome, the Ruine which with open mouth attends us while being desarted 
by all, wee are utterly disabled either to proceed or to retire enforceth us 
to this ernestnes, yet ware wee the onely partyes in this cause wee should 
approch with much lesse bouldnes, but now wee sue in your Lordshipps 
behalves also y' your Possesion of this Province may not bee utterly 
lost, and with it all the hopes of our subjecting it to an English Gov- 
erm' wee are 

Yo'' Lordshipp's most humble servants 
JOHN NEVINSON. JOHN VASSALL 

GEO GARY 
RICHARD WHITTNEY. R. SANDFORD 

ROBERT GIBBS. 
JOHN KNIGHT. HUMP. DAVENPORT 

THO CLIFTON. 
HENRY BRAYNE JOHN BRENT 

WILL GRIG 
THOMAS GIBBES. 

SAM HAMES 



[R. P. R. O. Colonial Papers. Vol. XX. No. 144.] 

LT. GOV^ & COUNCIL OF BARBADOS TO THE KING. 

29th S]^p-p_ IQQQ^ 

May it please Your Majesty 

His Excellency the Lord Willoughby haveing appointed us of his 
Councell for the Govern' of this Island tlie many dangers at present 
which threaten the safety thereof and of your Maj. whole dominion in 
these parts have rendred it our duty to informe your JNIaj. that soe by a 



150 COLONIAL RECORDS. 



tyniely reliefe yo' Maj. honour and authority might be restored and pre- 
served and wee secured from tlie violence of our Enemies. 

Wherefore wee most humbly informe yo"^ Maj'^ that the restraint of 
trade here for some yeares past hath withheld the prosperity of these Yo' 
Maj. Collonies and will if not prevented in short tyme destroy them 
especially in that of Negroes of whom very few have been sold here and 
those the worst such as the Spaniards would not look on and yet they at 
farr greater rates than the Spaniard gives for the best or the Merchant 
before he was restrained afforded them as by a solemn declaration here 
published wee were promised which only men compelled by necessity 
haveing dealt for have therein found their certaine ruine and many on 
that score forced daily to forsake these Countries. The richer sort who 
could better withstand the necessity have bought few or none although 
thereby they have made less sugar by tlie one halfe then with a full sup- 
ply they might have done which hath beene a greater losse in the revenue 
of the customes to your Maj*' then the Spanish trade will any way recom- 
pense but least wee should presume too farr wee shall only say that thes 
Setlements have beene made and upheld by Negroes and without constant 
supplies of them cannot subsist which that wee may the better have and 
all other necessities for our plantations wee most humbly implore Yo' 
Maj. to grant your loyall subjects that have adventured our lives & 
fortunes thus farr to the increase of Yo' Maj. Dominions and Revenewes 
the same freedome of trade att all times as those our Brethren in Eng- 
land with less difliculty enjoy and as in duty bound wee shall ever pray 
for yo'' long and happy raigne over us. 

Yo' Majesties Loyall and 

most obedient Subjects 

WILL. WILLOUGHBY 
JOHN YEAMANS. 

HENRY HAWLEY. 
PHILIP BELL. 

WILLIAM KIRTON 

THOMAS WARD ALL 
SAM. BARWICK 

WILL. SHARPE 

ROBERT HOOPER 
CHRISTOPHER CODRINGTON. 
Barbados. September 29'" 1666. 

[Indorsed.] 
Lieut. Generall and Councill of Barbados Rec. 30. Nov' Answ** 4 

Dec. 
With a temporary Commission for the execution of the Lord Willough- 

by's powers. 



COLONIAL RECORDS. 151 



[B. P. R. O. Colonial Papers. Vol. XX. No. 145.] 



THE NAMES OF THE COUNCILL OF BARBADOES. 

Lt. Coll. William AA'illoughby Deputy Gov"' 

Coll. Henry Hawley, formerly Govern"' a judicious man 

Thomas Wardall Esq" a grave prudent man 

Coll. Robt. Hooper well beloved & a stout man 

Coll. Sr. John Yeamens of good conduct & stout. 

Lt. Coll. Christopher Codrington 1 both well beloved & free from fac- 

Lt. Coll. Phillip Bell jtion ingenious young gentlemen. 

William Kirton Esq" a Judge. 

Sam. Barwick formerly in the King's Army & stout 

Coll. Wm. Sharpe, and ingenious man & good interest. 

GENTLEMEN OF THE COUNTRY 

Coll. Lewis Morris, a man of good interest & conduct & an honest 
man tho' a quaker. 

Lt. Coll. Higgenbottome, Lt. Coll. Rich* Bayly & Maj"^ Wm. Bates, 
stout men & fitt for comand. 

Some turbulent spirits questioning whether the Ixl. Willoughby have 
power to make a deputation (submitting to yo'' judgment) whether it bee 
not requisite his-Maj. pleasure be knowne therein. 

Consider whether the indulging of trade during this present Warr will 
not bee of greate importance to support the peoples speritts. 

There is aboard two Merchant shipps bound for Barbados on the 
King's account 2000 Muskets 1000 Pikes 200 Barrels of powder— To 
enforme them of the additionall supply to encourage them. Who in 
Barbados from Coll. Willoughby. 



[Reprinted from Archives of Maryland. Vol. 3. p. 558. Liber H. H.] 

Att a Councell held at S' Marys the 17"' day of Octob'' 1666 

P'sent 
Gouerno' Chancello"' Jerome White Edward Loyd Henry Coursey 
Coll : Williams Euans and Thomas Truman. Esq" 



152 COLONIAL RECORDS. 



Was then taken into Consideracon the Confirmacon of a Cessation 
made in the Prouince of Carolina by an Act of Assembly ther made and 
sent heither iind' the handes of William Drumand Esq"" Gouerno' 
thereof and George Catchmeyd Gen' speaker of the s"* Assembly. 

Put to the Vote wether the said Act ought to be put in Execucon or 
not, Major Vote Conuenient 

Whereupon Ordred by the Gouerno' & Couneell that a Cessacon be 
made throughout the whole Prouince according that Act made in this 
Prouince at an Assembly held the 10'^ day of Aprill last and all Clauses 
therein expressed to be duely Obserued and kept. 



[B. P. R. O. Colonial Papers. Vol. 20. No. 195.] 

THE ELEVENTH OF DECEMBER 1666. 

Further Articles of agreem' had made (x)ncluded and agreed on at S' 
Maries in Maryland between us y" Subscribed Coni''^ for Virg* and 
Maryland sufficiently impowred to Treat and conclude of a totall cessa- 
tion of Planting setting or soweing any Tobacco in each Colony as also 
in Albemarle County in Carolina as followeth. 

Viz* Whereas there was an agreem' made and concluded on between 
the Com"'^ of Virg" Maryland & All^emarle County in Carolina bearing 
date the twelfth of July one thousand six hundred .sixty six at James 
Citty grounded upon the severall and respective Acts of Assembly for a 
cessation by w'^^ it was as.sentcd to and concluded on that there should be 
a Totall cessation fixtm Sowing, setting, Planting or any waies tending 
any Tobacco- in any or any part of the three colonies afore-s** from the 
first of February one thousand six hundred sixty six untill the first of 
February one thousand six hundred sixty seaven. Provided W" Drum- 
ond Esq' Gov"^ of Albemarle County in Carolina and the Assembly of 
that Province did make the like Act in y' Colony. And the same should 
transmitt to y' Gov" of Virginia and Maryland by the last of Septem- 
ber then next to en.sue as by the said Articles, (Relaeon being thereto 
had) more fully ma}* appear. And whereas the sd. W"" Drummond Esq' 
and the Assembly of Albemarle County aforesaid did make an Act pro- 
hibiting the sowing setting, planting or any waies tending any Tobacco 
from the said first of February one thousand six hundred sixty six, to y^ 
first of February, one thou.~and six hundred sixty seven. But the said 
Act so made could nt)t Transmitt to the .s* Gov" of Virg-iuia and Maryland 



COLONIAL UECOliDS. 



153 



before the fifth of October last past by reason of an liivaeon oi' their 
neiglil)ouring In(haiis by whieh laps of a few dales oeeatloiied by the s'' 
Invacon, Wee doe not judge either the severall and respective Acts of 
Assembly or y' said ^Vcts to lie fallen or voy<l the s'' Articles of Treaty 
of y* 12"' July aforesaid grounded upon. Wherefore to y'' intent the 
good of the severall Collonies expectetl from a Cessacon, may not be 
stifled in its birth, wee y" Com'" of Virg" and Maryland doe declare that 
no advantage is or ought to be taken up on y" lapse of those few daies 
menconed being noe essential jiart of the said Agreement and doe hereby 
accordingly ratifie and confirme y" same according to the true intent and 
meaning thereof, fully relying upon the said late Act of Assembly of 
Albemarle County in Carolina for the performance & the Execucon of y'^ 
s* cessacon in time and manner as is expressed in y^ same. And wee do 
further hei'eby agree & conclude y' there shall issue out a Proclamacon 
from each of the respective Gov""^ requireing and commanding an exact 
Obedience to y" s^ severall acts of Assembly made in y** s'^ severall colonies 
of Virg* Maryland and Albemarle County and likewise the said Articles 
of Agreem' under y* penalties of Fine Imprisonm', & cutt up y° Tobacco 
planted, sett, sowne &c: To be inflicted ujion all* or any person or per- 
sons offending against ye sd Act or any of them in their respective Gov- 
ernm'° and that authentique coi>pies of y* sd Proclamacons to be published 
as aforesaid be (so soone as possible) transmitted from each respective 
Gov'' to both the other Gov''^ to the intent that all interests may be satis- 
fied in the severall proceedings in the performance of the said Articles. 
In witness whereof we have hereunto sett our hands and scales, the day 
and year first above written 

PHILIP CALVERT (seal) THO : LUDWELL (seal) 
HENRY COUR8EY (seal) ROBT: SMITH (seal) 
ROBT: SLYE (seal) RI : RENNET (seal) 

THO: NOTLEY. (seal) NICHO: SPENCER (seal) 

THO: BALLARD (seal) 
JOSEPH.: BRIDC- (seal) 
DANIELL PARKE (seal) 



[B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 83.] 



Notes is hereby given to all ingenious and industrious persons that 
there is a New Plantation lieguii 2 veers since on the main land between 
16 



154 COLONIAL RECORDS. 



Virginia aiid the Cape of Florida at a place called Cape Feare in the 
Province of Carolina in the latitude of about 34 degrees. It is a cli- 
mate most desirable for its temperature and fertility as those that^are 
there have written and those lately come from thence doe testifie they 
have 2 crops of Indian wheate in one yeare and all graine plants and 
seeds that they commit to tlie earth do prosper exceedingly they have 
naturally growing abundance of most stately Timbers of most sorts in 
England but very many sorts not known to us as Cedar Pines Sassa- 
fras and other sweet woods Vines allso and Mulbury and Olives trees 
from whence come the rich commodys of wine Sylke and Oyle they have 
aboundance of deerc Turkeys and other fowle in the ^voods and great 
store of Sturgeon Salmon and many sorts of other good eating fish both 
flat and round They have since planted and produced very Excellent 
tobacco, Indeco, Cotton and potatoes and other rocjts and fruits pro2:>er to 
Barbados Virginia and Barmoodos. The neernes to wliicli last places 
makes the ])lanting there of more easy. The Priviledges where with it 
is endowed makes it yet more desirable the princij)al wherof follows. 

1st There is full and free liberty of Contience granted that those' that 
are truly contientious may have liberty to worship God according to 
their owne way provided they behave themselves orderly towards the 
Civil Government. 

2nd Tliey shall choDS from among tliemselves 13 persons or some 
other odd ninnber whereof the Lords will appoynt for Governors and 
halfe of the otlier for tlie Council wliich Gnvcrnor is to rule but 3 yeares 
and then learne to Obey. 

3 They shall choose from among themselves :in assembly (in tlie nature 
of a parliament who shall have the sole power of makeing all lawes and 
laying taxes wlien neede requires for tlie use of the Colony and the gov- 
ernors and Councill se the laws put in Execution. 

4 They are to have freedom from Custom in England for all wine 
fruite, Currance Almonds, Oyle, Olives, and silk tliey can produce, for 
seaven yeares to comence and when 4 tuns of those comoditys are at once 
imported in one ship. 

Every man and woman that transport themselves before the 24 
June next being 1607 shall liave for liimselfe liis wife and each of his 
children and every man servant he shall bring armed with a firelock or 
machlock musket statute bore with 10"" powder 20"" of buUett, 100 akers 
of land for each of them to him and his heirs for ever paying for every 
1000 akers 10' per Ann to the Lords for an acknowledgement and for 
everv woman servant and slave 50 akers 



COLONIAL RECORDS. 155 



6 Every servant at the Expiration of their service (which is 4 yeares) 
are to have the same qnantity of land for liini or herselfe, that their ni" 
had for bringing over and on the same condition allso tlie m'' is l)()nnd 
to give them two snits of apparell and a set of tools to work with when 
he is out of his time. 

Many desire to transport themselves thether or servants desire to be 
entertained they may take an (^ippoi-tnnity of the Virginia fleet and from 
thence tinde easy passage thether it being but 3 or 4 days sayle; and if 
they desire farther advise or information let them repaire to the 



[Reprinted from a copy in the "Swain Collection."] 

A BRIEF DESCRIPTION OF THE PROVINCE OF CARO- 
LINA, ON THE COASTS OF FLORIDA ; AND MORE PAR- 
TICULARLY OF A NEW PLANTATION BEGUN BY THE 
ENGLISH AT CAPE FEARE, ON THAT RIVER, NOW 
BY THEM CALLED CHARLES RIA^ER, THE 29**' OF 
MAY, 1664. WHEREIN IS SET FORTH THE HEALTH- 
FULNESS OF THE AIR, THE FERTILITY OF THE 
EARTH AND WATERS, AND THE GREAT PLEASURE 
AND PROFIT WILL ACCRUE TO THOSE THAT SHALL 
GO THITHER TO ENJOY THE SAME. ALSO DIREC- 
TIONS AND ADVICE TO SUCH AS SHALL GO THITHER, 
WHETHER ON THEIR OWN ACCOUNTS OR TO SERVE 
UNDER ANOTHER. TOGETHER WITH A MOST ACU- 
RATE MAP OF THE WHOLE PROVINCE, LONDON: 
PRINTED FOR ROBERT HORNE, IN THE FIRST COURT 
OF GRESHAM COLLEGE, NEAR BISHOPSGATE-STREET. 
1666. 

A. Brief Description of the Province of Carolina, &c. Carolina is a 
fair and spacious province on the continent of America, so called in honor 
of his sacred majesty that now is, Charles the Second, whom God pre- 
serve; and his majesty has been pleased to grant the same to certain 
honorable persons, who in order to the speedy planting of the same, have 
granted divers privileges and advantages to such as shall transport them- 
selves and servants in convenient time. ****** 

There is seated in this province two colonies already : one on the river 
Roanoak (now called Albemarle River), and borders on Virginia ; the 



156 COLONIAL RECOEDS. 



other at Cajje Feare, two (legrecs more soutlierl}- ; of wliicli follows a 
more particular description. 

This province of Carolina is situate on the main continent of America, 
between the degrees of 30 and 36, and hath on the north, the south part 
of Virginia; on the south is bounded by the SO**" degree of latitude, not 
yet fully disco\-ered ; on the east is Mare Atlanticuni, part of the great 
ocean ; and on the west the wealthy South sea is its contines. 

The 2>artlcular description of Cape Feare. In the midst of this fer- 
tile province, in the latitude of 34 degrees, there is a colony of English 
seated, who landed there 29th. May, Anno 1664, and are in all about 
eight hundred persons, who have overcome all the difficulties that attend 
the first attempts, and have cleared the way for those that come after, who 
will find good houses to be in whilst their own are in building; good 
forts to secure them from their enemies ; and many things brought from 
other parts there, increasing to their no small advantage. 

The chief of the privileges are as follows : 

First there is full and free liberty of conscience granted to all, so that 
no man is to be molested or called in question for matters of religious 
concern ; but every one to be obedient to the civil government, worship- 
ping God after their own way. 

Secondly. There is freedom from custom for all wine, silk, raisins, 
currants, oil, olives, and almonds, that shall be raised in the province for 
seven years, after four tons of any of those commodities shall be im- 
ported in one bottom. 

Thirdly. Every free man and free woman that ti-ansport themselves 
and servants by the 25th of March next, being 1667, shall have for 
himself, wife, children, and men-servants, for each, one hundred acres of 
land for him and his heirs forever, and for every woman-servant and 
slave fifty acres, paying at most J d. per acre per annum, in lieu of all 
demands, to the lords proprietors : Provided always that every man be 
armed with a good musket, full bore, ten pounds of powder, and twenty 
pounds of bullet, and six months' provision for all, to serve them whilst 
they raise provision in that country. 

Fourthly. Every man servant at the expiration of their time is to 
liave of the country a hundred acres of land to him and his heirs for- 
ever, paying only J d. per acre per annum, and the women fifty acres of 
land on the same conditions ; their masters also are to alIo\^' them two 
suits of apparel, and tools sucli as he is best able to work with, according 
to the custom of the countrv. 



COLONIAL RECORDS. 157 



Fifthly. Tliov arc to have a governor and council appointed from 
among; themselves, to , sec the laws of Assembly put in due execution; 
but the governor is to rule but three years, and then learn to obey; also 
he hath no power to lay any tax, or make or abrogate any law, without 
the consent of the Colony in their Assembly. 

Sixthly. They are to choose annually from among themselves a cer- 
tain number of men according to their divisions, which constitute the 
General Assembly, with the governor and his council, and have tlie sole 
power of making laws, and laying taxes for the common good wlien 
need shall retjuire. These are the chief and fundamental privileges, but 
the right honorable lords proprietors have promised (and it is their inter- 
est so to do) to be ready to grant what other privileges may be found 
advantageous to the good of the colony. 



1667. 



[B. P. R. O. Colonial Entry Bk. Vol. XL p. 91.] 



Baebados. 

AT A MEETING OF THE HON"' LT. GEN. HENRY WIL- 
LOUGHBYE & THE COUNCILL THE 15'" DAY 
OF FEBRUARY 16G6-7. 
Present. 

William AVilloughby^ Sir John Yeamans^ 

Henry Hawley [^ "^ Sam. Barwick [ ^^ 

William Kirton f ^ Robt Hooper i ^ 

Thos. Wardell J Chri,st. CodringtonJ 

This day a letter & Commi.ss" from his Maj'^ constituting and ajipoint- 
ing the govern' of this and the rest of the Caribbee Islands to bee in 
Henry Willoughby Esq""^ William Willoughby Esq" Col. Henry Haw- 
ley & Col. Samuel Barwick was read upon which the Councillors then 
present that were not named in the said Commission declared they did 
beleeve themselves discharged as Councellors by vertue of the said Corn- 
miss" whereupon they withdrew 

Here follows the above Commission dated 5"" Dec. 1666. 

Ordered that this Declaration following bee forthwith published l)y 
beat of drum in St. Michael's Towne & all the Pari.sh Churches next 
Sabbath Day Yizt : 



158 COLONIAL RECORDS. 



Barbados 

Whereas his Maj'^ by his Commission bearing date the fifth of Decem- 
ber 1666 hath impowered ns to bee C'hiefe Gov" of this and the rest of 
the Caribbee Islands in the absence of his Excellency Francis Lord 
Willoughby of Parham or nntill his Maj. pleasure be further knowne. 

In obedience to which wee have received the said Government and doe 
hereby publish and make Knowne that all officers both Civill & Mili- 
tary in this Island doe continue to execute their said offices till further 
order. Given under our hands this fifteenth of February 1666 (-7.) 
(signed) HENRY WILLOUGHBYE 

WILLIAM WILLOUGHBYE 
HENRY HAA¥LEY 
SAMUELL BARWICKE 

After which they fell on debate of choosing a Councill wliich being 
concluded they chose Sir John Yeamans William Kirton Esq" Thomas 
Wardell Esq Phillip Bell Esq"' Robt. Hooper Es(f" Christopher Cod- 
rington Esq" to whom A\'as administered tlie oath following Viz' : 
Barbados. 

I doe sweare that I will give true and faithfull Councill to Henry 
Willoughby William Willoughby Henry Hawlcy and Sarauell Barwick 
Esq"^ as cliiefe Gov" of this & the rest of the Caribbee Islands appointetl 
by his Ma,]. Commission beareing date the fifth of December 1666 in 
which I will perform all things that belong to a faithfull Councillor 
according to the best of my skill and judgment during the absence of his 
Excellency Francis Lord Willoughby of Parham or untill his Maj. 
pleasure bee further knowne 

Soe help me God 
and then adjourned till Monday next. 



[B. P. R. O. Colonial Papers. Vol. XXI. No. 71.] 



GOV^ LORD AVILLOUGHBY TO JOSEPH WILLIAMSON, 
SEC. TO LORD ARLINGTON 9 JULY 1667. 

Barbados. Julv 9 '67. 

You th.at soe well understand w' belongs to a liurry of lousiness if an 
oversight was committed ought to pass it by when y' you know might 



COLONIAL RECORDS. 159 



bee sayd oeoaHioiied it However receive tlii.s a^ a reeoncileing challenge 
for soe I intend it And though the government of JJarbados will not 
defray the dutief< due to yo'' office some other \vay niUhit I shall not com- 
plaine till I come to state my case in earnest and then 1 dare appeare to 
my Lord Ashley. You will by the letters enclosed to Lord Arlington 
understantl the posture of our aifaires here to w""" I referr you and whether 
warr or peace shall endeavour to make the best use I can of my time but 
God send us peace or two good regim'* att least I thineke I have con- 
quered this island with good words but that will not doe with Mons'' 

Never man was soe out in his judgment of men in Barlwdos as your 
friend S"' John Colleton who you know named one S'' John Yeamans to 
exceed all men for interest in this island & I buylding upon his informa- 
tion named him for a judge & the Assembly brought in matters of soe 
high a nature against him that he durst not stand the test though I 
offered to stand by him as far as in justice I ought By his Ma"*' com- 
mands hither I am sent & in poynt of honor whilst the warrs last here 
I am fixt the place is pleasant the comjjany good y" power greate & I 
hope in tyme to give a good account of all Wee had an ill brush at S' 
Kitts, Col. Stapleton L' Col. Cutter, Captaine Talbutt hurt and taken Brave 
Bellamont killed Yo' freind Scott escaped who I presume will give you 
a trew account of the business In requital Sir John Harman hath burnt 
19 or 20 greate French ships in Marti nico roade Farewell 

Yo" affectionate friend 
to serve you 
WILL. AVILLOUGHBY 



[B. P. R. O. Shaftesbury Papers. Bdle 48. No. 8.] 

JOHN VASSALL TO SIR JOHN COLLETON. 

Nancymoxd IX YiRGixxY 6"" October 16()7. 
Honnorable Sir, 

I presume you have heard of the unhapy L(jss of our Plantation on 
Charles River tlie reason of which I could never so(> well have under- 
stood had I not com hither to heare ; ho^^' that all that came from us 
made it their business soe to exclaime against the C'ountry as they had 
rendered it unfitt for a Christian habitation ; which hindered the coming 
of the people & supplys to us soe as the rude Rable of our Inhabitants 
ware dayly redy to mutany against mee for keeping them there soe long ; 



160 COLONIAL RECORDS. 



in.'^omiu'li that al'ter they had fuuiid a way to com liither by land all the 
arguments and authority I could use wold noe longer prevail which in- 
forced niee to stop the first ship that came till I could send for more 
shipping to carry us all away togeather espetially such weak persons as 
ware not able to goe by land, the charge and trouble whereof and the loss 
of my Estate there having soe ruened mee as I am not well able to settle 
myself heare or in any other place to live comfortably. But had it 
pleased God to bring my Cauzen vassall safe hither wee had bin yett in 
a flourishing condition. I sent one Whiticar last November on purpose 
at my owne charge to give the Lords an account of our condition but hee 
was taken by the way soe as I have not heard a word from any of you 
since I receaved my Commissions by M"' Sanford and indeed we ware as 
a poore Company of deserted people little regarded by any others and 
noe way able to supply ourselves with clothing and necessaries nor any 
number considerable to defend ourselves from the Indians all which was 
occationed by the hard termes of your Consetions which made our friends 
that sett us out from Barbadoes to forsake us, soe as thay would neither 
suplv us with necessaries nor find shipping to fetch us away, yet had wee 
had but 200£ sent us in Clothing wee had made a comfoi-table shift for 
annother yeare, and I offered to stay there if but t\\enty men would stay 
with mee till wee had heard from your Lordships, for wee had corne 
enough for two yeares for a farr greater nimiber and tho' the Indians had 
killed our Cattle yett wee might have defended ourselves l^ut I could not 
find 6. men that wold be true to me to stay : soe was constrained to leave 
it to my greate loss & ruin, and I fear you will not have a much l)etter 
account of your plantation at Ronoake unless a better course be taken to 
incorage their stay for they are not without greate cause of complaints. 
This with my very humble servis presented is all at present From 
Your honnors humble servant 

JOHN VASSALL 

(Addressed) 
TO THE HONORABLE SIR JOHN COLITON 

Knight and Barronett at Nerehald 
These present 
In Essex. 



COLONIAL RECORDS. 161 



[P. P. R. O. Colonial Papers. Vol. XXI. No. 134.] 

SAMUEL MAVERICKE TO SEC. L" ARIJNGTON 
1<). OCT. 1067. 

Right Honourable 

The above is a eoppie of a letter sent in June, another eoppie I sent 
with st)me addition by one Randall of Plymouth before w"** time wee had 
certaine newes that S'' Robert C*arr dyed in Bristoll and never got to 
London but hope the papers he carried eame safe Since which time wee 
have not heard from England nor much from any other place only this. 
The plantations at Cape Feare are deserted, the inhabitants have since 
come hither, some to A^irginia. Att Burmudoes there hath been such a 
drought as the fruites of the earth are all destroyed and in Virginia on 
the 23"^ of August there was such a dreadfull huracana as blew up all 
by the rootes y' was in the ground overturned many houses and abund- 
ance of trees and drove up some vessells of burthen above high water 
marke many foote and about tyme they report the Lord Baltamoores 
sworne Governcn- of Virginia died. Good my Lord pardon mee for 
being soe troublesome I shall ever remaine Right honorable Sir 

Yo'^ most obliged 

humble Servant 
SAMUELL MAVERICKE 
Boston 

Oct. 16. 1667. 



[Hutchinson's History of Massachusetts, Page 238.] 

XoTE. — In 1667 the people at Cape Fear being under distressing cir- 
cum.stances a general contribution by order of court was made through 
the colony for their relief. Although this was a colony subject to the 
})roprietary government of Lord Clarendon and others, yet the founda- 
tion was laid about the time of the Restoration by adventurers from New 
England who supposed they had a right to the soil as first occupants and 
purchasers from the natives, and, issuing from Massachusetts, to the same 
civil privileges ; but they were disappointed as to both. MS. 



17 



162 COLONIAL RECORDS. 



[B. P. R. O. Col: Ent: Book. No. 20. p. 23.] 



George Duke of Albemarle Master of his Majesties Horse, Edward 
Earle of Clarendon, William Earle of Craven, John Lord Berkeley, 
Anthony Lord Ashley Chaneellur of the Excliecjuer, Sir George Carteret 
Vice Chamberline of his Majesties Hou.sehold, Sir William Berkeley 
Knight and Sir P. Colleton Bart : The trew and absolute Lords Pro- 
pryators of all the Province of Carolina 

To our trusty and welbeloved Samuell Stephens Esq™ Greeting ; 

Wee doe hereby constitute and appoint yon during our pleasure Gov- 
ernor of our County of Albemarle, as also of all Isles, Islets, Rivers and 
Seas within the bounds of the said County togeather with tlie Isles and 
Islets within tenn leagues thereof, with Power to nominate appoint and 
take to you 1 2. able men at most 6 at lea,st to be of your Councell or as- 
sistance, or any eaven nmuber between 6. and 12. unless we have before 
made choyce of or shall choose all or any of them. And we doe further 
cou.stitute and appoint you to be our Commander in Cheife, during our 
pleasure of all our forces raised and to be rai.sed, within our .said County 
Isles and Islets aforesaid for the security of the same, and the parts ad- 
jacent within our said Province, over which forces you are to place Offi- 
cers and to cause them to be duely exercised in amies, and to doe all and 
every other thing and things, which unto the Charge of a Commander in 
Cheife of an Army belongeth or hath accustomed to belong. Command- 
ing all inferiour Officers and souldiers of our said forces, you to obey as 
their Commander in Cheife, according to this our Comission, and the 
powers thereby given unto you ; and according to the Lawes and discip- 
line of Warr; and yon your.selfe alsoe ai'e to oKserve and follow such 
orders and directions, as from time to time you shall receive from us, and 
in all things to govern yourselfe as unto your duty and place of Govei- 
nor of our .said County and Comander in Cheife of our forces there doth 
belonge. Given under our Greate scale of our said Province this 
day of October 1667. 



[B. P. R. O. Col: Ent: Book. No. 20. p. 23.] 

George Duke of Albemarle IMaster of his Majesties Horse, Edward 
Earle of Clarendon, William Earle of Craven, John Loixl Berkeley, 



COLONIAL RECORDS. 168 



Anthony Lord Asliloy, Clianoollor of the Exchequer, Sir George Carte- 
ret Vice Chaniberline of hi.'^ Majesties Houseliold and Sir William 
Berkeley Knight and Sir P. Colleton Bart : The trew and absolute Lords 
Propryators of all the Province of Carolina 

To our trusty and Welbeloved Samuell Stephens Esq'* Governor of 
our County of Albemarle, and the Isles and Islets within tenn leagues 
thereof. And to our trusty and welbeloved our councellors and assistants 
to our said Governor. Greeting : 

Bee it knowne imto all men, that wee the said Lords and absolute pro- 
pryators of the County within the province aforesaid, for divers good 
causes and considerations, but more especially out of the trust and con- 
fidence, reposed in you our said Governor and Councellors, for the faith- 
full management of the power and Authority by us to you given to the 
best availe and improvement of our Interest and Dominion in the said 
County of Albemarle, and Isles and Islets aforesaid and for the availe 
and improvement of the Interest Liberty propryety and defence of all 
such as shall plant and inhabitt there; Have given granted and by these 
presents doe give and grant (during our pleasure) unto you our said 
Governor by and with the consent of our Counsell, or any thi'ee of the 
6. or 4. of a greater Number full and absolute power and authority for 
us and in our Names, to lett, sell, convey and assure such lands in our 
said County to such person and persons, and for such Estate and Instates, 
and with such provisoes, conditions and Lymitations as wee by our In- 
structions and Concessions, here unto annexed have directed and as you 
shalbe directed by such other Instructions and Rules as from time to 
time you shall receive from us, and not otherwise, thereby rattifying and 
confirmeing whatsoever you shall doe pursuant to the said Instructions 
and Concessions and to such Instructions Rules and directions as afore- 
said As alsoe to make, doe, performe and execute all and singuler Act 
and acts, thing and things, powers and authorityes whatsoever which wee 
ourselves may cann might or could doe, in for concerneing or relateing 
unto the Government both Civill and Millitary of the said County and 
Isle and Islets aforesaid by virtue of the Letters Pattents of his most 
excellent Majesty Charles the Second Kinge of England, Scotland, France 
a)id Ireland defender of the faith, bearing date at Westminster the 20"' 
day of June In the IT"* yeare of his Reigne, To be exercised nevertheless 
according to such Instructions and with such Lymitations, Restrictions, con- 
ditions and Provisoes as in these presents are hereafter conteyned ; Thereby 
rattifying, confirming and allowing all and every such act and acts, thing 



164 COLONIAL RECORDS. 



and things which uiir .said Governor and our said Counct;llurs in our 
Names shall doe in the premises pursuant to the Authority hereby 
committed ; Provided and it is hereby declared that this present deede or 
anything therein conteyned doth not extend nor shall it be deemed or 
taken to extend, to give up to our said Governor or our said Councellors 
or either or any of them any power or autliority to make any Manner of 
Grant conveyance, devise oi- other like disposition of any Lands lying 
within or being part of the said County, Isles or Islets aforesaid but 
according to our instructions and concessions, and reserveing for every 
acre English measure, A\'hieh ]jy virtue of this Authority you shall 
graunt to any person or persons |* of lawfull mony of England yearely 
Rent to be paid to us our heires or assignes, upon every 25'*" day of 
March according to the English account the first payment whereof to 
begin on the 25"' day of Marcli which shalbe according to tlie Englisli 
account in the yetir of our Lord God 1670; Provided alsoe that noe order 
or Lawes made or to be made by virtue of tliis oiu- Authority, shalbe in 
force as Lawes, for any longer tearme tlien one yeare and a lialfe, within 
one yeare of which time, they shalbe transmitted and presented to usfor 
our Assent; which being given they shalbe in continewall force, till ex- 
pired by there owne Ivymitation, or by act repealed ; Provided alsoe that 
the executive parte of all the said powers herein given, shalbe made and 
exercised by you our said Governor by and with the advice and consent of 
the Major parte of our C\>uncell ; And if it shall liappen tliat our said 
Governor or any of our said Councell shall depart or be absent at any 
time from our said County, unless other provision be by us made, that 
then it shall and may be lawfull, to and for our Governor and Councell 
or the major parte of them resident in our said County, to nominate 
elect and appointe any sucli able person or persons, as in there discretion, 
to them shall seeme most fitt to serve in and supply the place of such of 
tlie said persons res]»ectively, diu-ing there absence from our said Countv, 
Giveing and graiuiting unto him or them soe chosen during the absence 
of our said Governor or Councillors, as full, large and ample powers as 
wee by these presents to our said Governor ov Councillors have given ; 
Anything in this present Comision in any wise to tlie Contrary notwith- 
standing; and alsoe in Case of death of the Governor or deatli or Re- 
movall of any Member of our said Councell from tyme to tyme to nom- 
inate and elect fitt and able persons in their steads or places, respectively, 
which persons soe nominated and chosen shall exercise all powers to 
those said Offices respectively l)elongIng till our pleasure be signified to 
the Contrary; Given under our greate Scale of our said Province this 
day of October Anno Domini 1667. 



COLONIAL RECORDS. 165 



[B. P. R. O. Col: Ent : Book. No. 20. p. 25.] 



INSTRUCTIONS FOR OUR GOVERNOR OF THE COUNTY 

OF ALBEMARLE IN THE PROVINCE 

OF CAROLINA. 

1. Imp'' you are to take to yon 6. Councillors at least 12. at most or 
any eaven Number betweene 6. and 12. with whose advice and consent, 
or witli at lea.st 3. of the 6. or 4. of a greater Number all being snni- 
moned you are to governe according to the Lymitations and Instructions 
following during our pleasure ; 

The Cheife Register or Secretary which wee have chosen or shall 
choose, we fayling that you .shall choose, shall keepe exact Enteryes in 
faire bookes of all publicke affaires of said County and to avoyde deceates 
and law suites shall record and enter all gi-aunts of Land from the Lords 
to the planter, and all conveyances of Land, liou.se or houses from man 
to man, as alsoe all leases for Land, house or houses made or to be 
made, by the Landlords to any Tennant for more then one yeare, which 
Conveyance or Lease shalbe first acknowledged by the Grantor or Leaser 
or owner by the Oath of 2 Witnesses to the Conveyance or Lease before 
the Governor or some Chiefe Judge of a Court for the time being, who 
shall under his hand upon the backe side of the said deede or Lease, 
attest the acknowledgement or proofe as aforesaid, which shalbe a war- 
rant for the Register to record the same, Avhich Conveyance or Ijcase soe 
recorded shalbe good and effectuall in Law, notwithstanding any other 
Conveyance deede or Lease for said land, house or houses or for any parte 
thereof, although dated before the Conveyance, deede or Ijease, recorded 
as aforesaid and the said Register shall doe all other thing or things, that 
wee by our Instructions shall direct and the Governor, Councell and 
assemblye shall ordayne, for the good and welfaire of the said County. 

2. Item The Surveyor Generall that we have chosen or shall choose, 
we faileing that you shall choose shall have power by him.selfe or deputy 
to survey, ley out and bound all such Lands, as shalbe graunted from the 
Lords to the jjlanters and all other lands within the said County &c 
which may concerne particider men, as he shalbe desired to doe, and a 
particiUer thereof certify to the Regi.ster, to be reet)rded as aforesaid. Pro- 
vided that if the .said Regi.ster and Surveyor or either of them shall soe 
misbeliave themselves, as that the Govei'uor and CViuncell or Deputy 
Governor and Councell or the majtir parte of tiicm .-^liall iind it reasonable 



166 COLONIAL RECOEDS. 



to suspend there actings in their respective Iniployments it shalbe lawful! 
for them soe to doe, untill further (jrder from us. 

3. Item All choyce of Officers, made by you shall)e for noe longer 
time then during our Pleasure. 

4. Item Yourselfe, Councellors, Assembly men, Secretarys, Surveyors 
and all other Officers of trust shall sware or subscribe in a booke to be 
provided for that purpose, that they ^vill bear true allegance to the Kinge 
of England, his heires and Successors, and that they wilbe faithfull to the 
Interest of the Lords Propryators of the Province and their heires, execu- 
tors and assignes and endeavour the j^eace and wellfaire of the said pro- 
vince, and they will truely and faithfully discharge their respective 
trusts, in their respective Offices and doe equall justice to all men, accord- 
ing to their best skill and judgment without Corruption, favour or aifec- 
tion, and the names of all that have sworne or subscribed to be entered 
in a l)ooke, and whoeSoever shall subscril>e and not sware, and shall vyo- 
late his promise in that subscription shalbe lyable to the same punish- 
ment that the persons are or may bee, that hath sworne and broken his 
oath. 

Item That all persons that are or shall become subjects to the King of 
England, and sware or subscribe alleagance to the Kinge and faithfulness 
to the Lords as above, shalbe admitted to plant and become fremen of the 
province, and injoy the freedomes and Immunyties hereafter exprest, 
untill some stop or contradiction be made by us the Lords, or else by the 
Governor, Councell and Assembly which shalbe in force untill the Lords 
see cause to the contrary, provided that such stopp shall not any waysc 
prejudice the Right or Contine^A'ance of any person that hath beene re- 
ceaved before such stopp or order come from the Lords or Generall 
assembly. 

Item That noe person ov persons quallifyed as aforesaid within the 
province, or all or any of the Countyes before exprest at any time shalbe 
anywayse molested, punished, disquieted or called in question for any 
diiferances in oppinion or practice in matter of religious concernement whoe 
doe not actually disturbe the civill peace of the said province or County, 
l)ut that all and every such person and persons may from time to time 
and at all times freely and fully have and injoy their Judgements and 
Consiences in matter of religion, throughout all the said province, they 
behaving themselves peaceably and quietly and not useing this liberty 
to T^ivcentiousness, to the Civill Injury or outward disturbance of others, 
any Law, Statute or Clause contained or to be contained Usuage or Cus- 
tome of this roalme of England to the contrary hereof in any wise not- 
withstanding; 



COLONIAL RECORDS. 167 



Item And that iiue pretence may he taken hy us our heirs or assignes, 
for or hy reason of our rii>ht of patronage and power of advowson 
graunted unto us hy His Majesties Letters Pattents aforesaid to infringe 
therein* the (irenerall ehinse of Tjihei'ty of C^ontieni-e aforementioned, Wee 
doe herehy grannt unto the (jenerall Assemlily of the said County Power 
hy aet to eonstitnte and appoint sueii and soe many ministers or preachers 
as they shall thinke fitt and to estahlish their maintenance, giveing Lih- 
erty hesides to any 2)erson or pei'sons to keepe and maintayne what 
Preachers or Ministers they please. 

Item That the Inhabitants being freemen or Cheefc agents to others 
of the County aforesaid doe as soone as this our Commission shall arrive 
by virtue of a writ in our Names, sealed with our Scale of the County 
and by yon signed, make choycc of 12. deputves or representatives from 
amongst themselves, whoe being chosen are to joyne with you our Gov- 
ernor and Councell for the makeing of such La\ves, Ordinances and Con- 
stitutions as shalbe necessary for the present good and wellfaire of the 
Connty aforesaid, but as soone as parishes, denizions, tribes or districtions 
of the County are made, that then the Inhabitants or freeholders of the 
severall and respective parishes, tribes, denizions and districtions of the 
County aforesaid doe (by your writts under our Seale which wee ingage 
shalbe in due time ishewed) annually meet on the 1° day of January and 
choose two freeholders fore each respective denizion, tribe or parish to be 
the deputves or representatives of the same, A\'hich body of the represen- 
tatives or the major jjarte of them shall with the Governor and Councell 
aforesaid be the General! assembly of the said County the Governor or 
his deputy being present unless they shall wilfully refuse, in which ca.se 
they may appoint themselves a President during the absence of the Gov- 
ernor or his deputy Governor. 

^Mlich Assembly are to have power 

To appoint their owne times of meeting and to adjorne their Sessions 
from time to time to such times and places as they shall thinke conven- 
ient, as alsoe to assertane the Number of their (|uorum, provided that 
such Numbers be not less then J jjarte of the wlmle, in whome or more 
shalbe the full power of the Generall Assembly vizt : 

Item To act and make all such Lawes, acts and constitutions as 
shalbe necessary for the well government of the said Collony and them 
to repeale, provided that the same be C(^nsonant to reast)n, and as neare 
as may be conveniently agreable to the Lawes and Customes of his IMaj- 
esties Kingdome of England, provided alsoe that they be not against the 
Interest of us the Lortls Proprietors oiu- heires or assignes, nor any of 



168 COLONIAL RECORDS. 



these our present Concessions, espetially that they be not against the arti- 
kle for liberty of eontience above mentioned, which Lawes &c soe made 
shall receave publication from the Governor and Councill (but as the 
Lawes of us and our Generall Assembly) and be in force for the space 
of 1 yeare and J and noe more, (unless confirmed by us.) within which 
time they are to be presented to us our heires &c for our ratification, and 
being confirmed by us they shalbe in Continewall force, till expired by 
their owne Lymitations or by act of repeale in like manner as aforesaid to 
be passed and confirmed. 

Item By act as aforesaid to constitute all Courts togeather with the 
Lymitts, powers and Jurisdictions of the said Courts as alsoe the severall 
Officers Number of Officers belonging to each of the said respective 
Courts togeather with their severall and respective salleryes, fees and 
perquisites, there appellations and dignityes, with the penaltyes that 
shalbe due them for breach of their severall and respective dutyes and 
trusts. 

Item By Act as aforesaid to ley equall taxes and assesments equally 
to rayse monies or goods upon the lands (excepting the Lands of us the 
Lords Proprietors before setting) or persons within the severall precincts, 
hundreds, parishes, Mannors or whatsoever other denizions shall hereaf- 
ter be made and established in the said County, as oft as necessity 
shall require, and in such manner as to them shall seeme most equall 
and easye for the said inhabitants, in order to the better supporting of 
the publicke Charge of the said Government and for the mutuall safety, 
defence and security of the said County. 

Item By act as aforesaid to erect within the said County such and soe 
many Barronyes and Mannors with their necessary Courts, Jurisdic- 
tions, freedoms and privi ledges as to them shall seeme convenient, as alsoe 
to devide the said County into hundreds, parishes, tribes or such other 
denizions and districtions as they shall thinke fitt, and the said denizions 
to distinguish by what Names wee shall order or direct, and in default 
thereof by such Names as they please, as alsoe within any parte of the 
said County to create and appoint such and soe many ports, harbours, 
Creekes and other places for the convenient ladeing and unladeing of 
goods and merchandize out of shipcs boates and other vessels, as they 
shall see expedient, with such Jurisdictions priviledges and franchises to 
such ports &(• l)elonging as they shall judge most conduceing to the Gen- 
erall good of the said plantation or County. 

Item By their enacting to be confirmed as aforesaid to erect rayse and 
build within the said (^innty or any parte thereof such and soe many 



COLONIAL RECORDS. 160 



forts, fortresses, Castles Cittyes, Corporations, Burroughs, Townes, 
Villages, and other places of strengtli and defcnee, and them or any of 
thera to incorporate with such Charters and priviledges as to them shall 
.seeme good and our Charter will permitt, and the same or any of them 
to fortifie and furnish with such proportion of ordinance, powder, shott, 
armour and all other weapons, ammunition and habilliments of warr 
both oifensive and defensive as shalbe thought necessary and convenient 
for the safety and welfaire of the said County, but they may not at any 
time demolish, dismantle or disfurnish the same without the consent of 
the Governor and Major parte of the Councell. 

Item Bv act as aforesaid to constitute trayne bands and Companies 
with the number of soldiers for the safety, strength and defence of 
the said County and province, and of the ports, Castles, Cittyes &c, to 
suppress all intrigues and Rebellions to make warr ott'cusive and defen- 
sive with all Indyans, Strangers and Forreigners as they see cause, and 
to pursue an Enemy by sea as well as by land, and if needs be out of the 
Lymits and Jurisdictions of said County, with the particuler consent 
of the Governor and under the conduct of our Governor or whome he 
shall appoint. 

Item by act as aforesaid to give unto all Strangers as to them shall 
seeme meete, at Naturallysation and all such freedomes and priviledges 
within the said County, as to his Majesties sulyects doe of right belonge, 
they swearing or subscribing as aforesaid which Strangers soe natural- 
lised and priviledged shall alsoe have the same immiuiities from Cnstomes 
as is granted by the kinge to us, and by us to the said County ; and shall 
not be lyable to any other Cnstomes then the rest of his Majesties sub- 
jects in said County are, but be in all respects accompted in that County 
aforesaid as the King's Naturall Subjects. 

Item By act as afoi^esaid to prescribe the quantityes of land \\'hich 
shalbe from time to time alloted to every head free or sarvant, male or 
female, and to make and ordaine rules for the casting of Ijotts for Land, 
and leying out of the same, provided that they doe not in their said pre- 
scriptions, exceed the severall proportions M-liich are hereby graunted b}' 
us, to all persons arriving in the said County or adventuring theither that 
is to say 60. acres to every freeman, and as much to his wife, the like to 
each freewoman that arrives in said County and brings servants to settle, 
and 60. acres to every Master or Mistris for every man sarvant he or 
they shall bringe or send, armed with a good fierlocke or Matchlocke bore 
12 bullets to the pound, 10 pounds of powder and twenty lbs of bullets 
with Match proportionable, 50 acres for every other sort of sarvant and 
18 .... 



170 COLONIAL RECORDS. 



50. acres for every servant for his or her proper use and behoofe, when 
their time of servitude is expired, provided that all lands whatsoever soe 
settled and planted shall afterwards from time to time for the space of 13 
yeares from tlie date hereof be held upon the condition aforesaid of con- 
tinewing one able man servant or 2 such M-eaker servants as aforesaid on 
every 100. acres, a Master or Mistris shall possess besides what was 
graunted for his or her owne person, infailer of which upon Notification 
to the present occupant (ir his assignes there shalbe 3. yeares time given 
to such for their compleating said Number of persons or for their 
sayle or other disposure of such parte of their land as are not soe peopled 
within which time of 3 yeares if any ]>erson holding anv Lands shall 
fayle by himselfe, his agents, executors or assignes or some otlier way to 
provide such number of persons, unless the Generall Assembly shall 
without respect to poverty, judge that it was impossible for the party soe 
fayleing to keepe or procure his or hei- number of servants to be pro- 
vided as aforesaid in sucli case wee the Tjords to have power of disposeing 
of so much of such Land as shall not be planted, ^v■ith its due Number 
of persons as aforesaid to some other that will plant the same. 

Except those lands which are decended to Orphants by Inherritance, 
whonie wee hereby allowe 3. yeares time after there comeing to the age 
of 21. yeares for the peopling of there land as aforesaid and then in case 
of failer wee the Ijords to have power of disposure of their lands, as of 
the lands of other persons, provided alwayse that anv person whoe hath 
a stocke, of Catle, Sheepe or such like on his hands shall for everv greater 
sort of Catle, which he hath at the time of such forfeiture, as horses, 
kine &c. retane 2. acres and for every lesser sort as sheepe, hoggs &c. 1. 
acre, provided alsoe that noe persons arriveing into the said Collony with 
purpose to setle (they being subjects or natturallised as aforesaid) be de- 
nyed a graunt of such proportions of land as at the time of their arriveall 
are due to- themselves or servants by concession from us as aforesaid but 
have full Lycence to take up and setle the same in such order and man- 
ner as is graunted or prescribed, all lands notwithstanding (the power in 
the assembly aforesaid) shalbe taken up by warrant from the Governor 
and confirmed by the Governor and Councell under our Scale of the 
County for that purpose provided, in such order and Meth-hood as shalbe 
set dowue in this declaration and more at large in the Instructions to the 
Governor and Councell 

Lastly To enact, constitute and ordaine all such other Lawes, acts and 
constitutions as shall or may be necessary for the good, jarosperity and 
setlement of the said County, excepting what by these presents are ex- 
cepted, and conformeing to the Limitations herein expressed. 



COLONIAL RECORDS. 171 



To .see all Courts established by the Lawes of the Generall Assembly 
and all Ministers and Officers Civill or Millitary doe and execute their 
several! dutyes and offices respectivel}' according to the Lawes in force, 
and to punish them for swerveing from the Lawes or acting contrary to 
their trust ; as the nature of their oflence shall require. 

Item According to the Constitutions of the Generall Assembly to 
nominate and commissionate the severall Judges Members and Officers of 
Courts wheither Majestraticall or Ministeryall and all other Civill Offi- 
cers as Justices, Coroners &c and their Comissions and powers and author- 
ityes to revoake at pleasure, provided they appoint none but such as are 
freeholders in the County afoi*esaid unless the Generall Assembly con- 
sent. 

Item According to the Constitutions of the Generall Assembly to 
appoint Courts and Officers in cases criminiell and to empower them to 
inflict penaltyes upon offenders against any of the Lawes in force in the 
said County as tlie said Lawes shall ordayne, wheither by fine, Impris- 
onment, banishment, corporall punishment or to the taking away of Mem- 
ber or of life itselfe. 

Item To place Officers and Soldiers for the safety, strength and defence 
of the forts. Castles, Cittyes &c according to the Number appointed by 
the Generall Assembly, to nominate, place and commissionate all Mili- 
tary Officers under the Governor whoe as Commander in cheefe is com- 
missionated by us, over the severall trayne bands and companies consti- 
tuted by the Generall Assembly as Collonels, Captains &c and their 
Commissions to revoake at pleasure the governor singly or with the ad- 
vice of his Councill, which we advize him to take, to muster and trayne 
all the soldiers within the said County to prosecute warr, pursue an En- 
emy, suppress rebellions and mutinies as well by sea as land, and to exer- 
cise the whole Millita as fully as by our Letters Pattents from the Kinge 
wee cann impower him or them to doe, provided that they appoint noe 
millitary Officers but what are freeholders in the said Cyounty, unless the 
Generall Assembly shall consent. 

Item Where they see cause after condemnation to repreive till the case 
may be presented with a Coppy of the whole Tryall, proceedings and 
proofes to the Lords, whoe will accordingly eitlier pardon or command 
execution of the sentence on the offender ^v'hoe in the meane time to be 
Kept in safe custody till the pleasure of the Lords be knowne. 

Item In case of death or other removeall of any of the representa- 
tives within the yeare to Ishew summons by Writt to the respective den- 
izion or denizions for which hee or they were chosen commanding the free- 
holders of the same to choose others in there steade. 



172 COLONIAL RECORDS. 



Item To make warranto and seale grauiito for Lands according to our 
Concessions and prescriptions by the advice of the Generall Assembly in 
such forme as shalbe at large set downe in our Instructions to the Gov- 
ernor in his Commission and which are hereafter exprest. 

Item To act and doe all other thing and things that may conduce to 
the .safety, peace and well government of the said County as they sliall 
see fitt, soe as they be not contrary to the Lawes of the County aforesaid. 

For the better securing of the Propryetes of all inhabitants. 

You are not to impose nor suifer to be imposed any taxe, Custome, 
Subsidy, tallage, assessment or any other duty whatsoever upon any cul- 
lor or pretence upon the said County and the Inhabitants thereof, other then 
what shalbe imposed by the authority and consent of the Generall As- 
sembly, and then only in manner as aforesaid. 

Item You are to take care that land quietly held planted and pos- 
sessed 7. yeares after its being first duely surveyed by the surveyor Gen- 
erall or his order shall not be subject to any review resurvey or alteration 
of bounds on wliat pretence soever by any of us, or any Officers or Min- 
isters under us. 

Item You are to take care tliat noe man if liis Catle, stray range or 
graze on anv grovuid within the said County not actually appropriated 
or set out to perticculer persons shalbe lyable to pay any trespas for the 
same, our heires &c. provided that custome of Commons be not thereby pre- 
tended to, nor any person hindred from takeing up and appropryateing 
any Lands soe grazed upon, and that noe persons purposely doe sufi'er 
his Catle to graze on such lands. 

Item It is our will and desire that the Inhabitants of said County and 
adventurers theither shall enjoy all the same Immuuityes from Customs 
for exporting certine goods, from there Realmes of England &c. theither 
as the Kinge hath beene graciously pleased to graunt to us, as alsoe for 
the Incorragement of the manufactors of wine, silke, oyle, Ollives, fruits, 
almonds Ac. mentioned in the ^Dattent have priviledge for bringing tliem 
Custome free into any of liis Maj"** Dominions for the same time, and 
upon the same tearmes, as wee ourselves may by our Pattent doe. 

And that the planting of the County aforesaid may be more speedily 
promoted. 

You are to take notice tliat wee doe hereby graunt unto all persons wlioe 
have already adventured theither or sliall transpoi-t themselves or servants 
theither before the 20"" dav of December which shalbe in the veare of our 



COLONIAL RECORDS. 178 



Lord 1669 there following proportions of Land vizt: 60. acres Englisli 
measure, to every freeman and as muoli to his wife, if he liave one, and 
to every freewoman that already is or shall ari-ive into the said County 
with a sarvant or sarvants to plant within the time aforesaid 60. acres 
like measure to a Master or iMistris for every able man sarvant lie or shee 
shall bringe or send as aforesaid being each of them armed with a good 
fierlocke or matchlocke bore 12 l)ullcts to the pound 10 lbs. of powder 
and 20. fts of bullets with match proportionable, 60 acres, and 50. acres 
like measure for every other sort oi' sarvant, he or shee shall bring within 
the time aforesaid, and to every of there servants soe transported within 
the time aforesaid, 50. acres like measure to their proper use and behoofe, 
when their time of servitude is expired, all which lands and all others 
that shalbe possessed tliere are to be held on the same tearmes and condi- 
tions as is before mentioned, and as is hereafter in the following para- 
graphes more at large exprest. 

And that the_ lands may be the more regulerly laid out and all persons 
the better assertained of their tytles and possessions. 

You are to take care and direct that all lands be devided by Generall 
Lotts, none less then 2200. acres nor more then 2200. acres in each lott 
except in Cittyes, Townes &c. and the neare lotts of Towneships and that 
the same be undecimally devided ^ part by lott to us our heires and 
assignes, the remainder to persons as they come to plant tlie same in such 
proportions as is allowed. 

Item That you or whoeme you shall depute in Case of death of ab- 
sence, if some one be not before commissionated by us as aforesaid doe 
give to every person to whome land is due, a warrant signed and sealed 
by yourselfe and the major parte of your Councill, and directed to the 
surveyor Generall or his deputy, commanding him to ley 'out lymitt and 
bound acres of land (as his due proportion is) for such a person in 
such allotment according to which warrant the Register haveing first re- 
corded the same, and attested the record upon the warrant the Surveyor 
Generall or his deputy shall proceed and certifie to the Cheefe Secrytary 
or Register the name of the person, for whome hee hath laid out land, by 
virtue of what authority, tlic date of the authority or warrant, the num- 
ber of acres, the l)ounds, and on wliat point of the Compas the several! 
Ijvmitts thereof lye, whicli certificate the Register is likewayse to enter 
in a booke to be prepared for that purpose, with an alphabetical table 
refering to the booke, that soe the Certificate may be the easyor fitund, 
and then to fvle the Certificate, and the same to keepe safely. 



174 COLONIAL RECORDS. 



The Certificate being eutred a warrant compreliending all the partic- 
culers of Land mentioned in the Certificate aforesaid is to be prepared by 
the Secrytary, and signed and sealed by you and your Councell or the 
major parte of them as aforesaid (they haveing seene the Entery) and 
directed to the Register or Cheefe Seerytary for liis preparing a graunt 
of the Land to the party for whome it is leyd out, which graunt shalbe in 
forme following vizt: 

The Lords Propryators of the Province of Carolina doe hereby graunt 
unto, A. B. of the County of in the province aforesaid a planta- 

tion in the said County of acres English measure bounding (as in the 
said Certificate) to hold to him (or her) his (or her) heirs or assignes for 
eaver; yielding and paying yearely to the said Lords Propryators their 
lieires or assignes, every 25"" day of March according to the English 
accomjit ^^ of lawfull English money for every of the said aci'e.s, to be 
holden of the mannor of in free and ComnKjn Soccage the first pay- 

ment of which rent to l)cgin on the 25"' day of ]March which shalbe in 
the yeare of our Lord 1670 according to the English acccompt, given 
under the Scale of the County of the day of in the yeare of 

our Lord. 

To which Instrument the Governor or his deputy hath hereby full 
Authority to put the Scale of the said County and to subscribe his name, 
as alsoe the Councell or major parte of them are to subscribe their names, 
and then tlie Instrewment or graunt is to he by the Register recorded in a 
booke of records for tliat purjjose, all which being done according to these 
Instructions, wee hereby declare the same shalbe effectual in Law for the 
Injoyment of the said plan* and all the benefitts and profitts of and in the 
same except J pt of mynes of gould and silver paying the rent as afore- 
said provided that if any plantation soe graunted shall by the space of 3. 
yeares be neglected to the planted, with a sufficient number of servants as 
is before mentioned that then it shallie lawfull for us otherwayse to dis- 
pose thereof in whole or in parte this graunt notwithstanding. 

Wee doe alsoe grant convenient proportions of Land for high way es and 
for streets not exceeding 100 foote in breadth in Cittyes, townes, Vil- 
lages &c. for Churches, forts, Wharfes, Keyes, harbcjurs and for ^Jublickc 
houses, and to each parish for the use of their Ministers, 100. acres in 
such places as the Generall Assembly shall appoint. 

Item You are to take notice that all sucli lands leyed out for the uses 
and purposes in the next proceeding artikle, shalbe free and exempt from 
all rents, taxes and otlier charges or dutyes whatsoever, payal)le to us our 
heires or assignes. 



COLONIAL RECORDS. 175 



Item That in leying out laiuls, for Cittves, Townes, Villager, Bur- 
roughs or other haiiiletts, the said huuls be uiideciuially devided ^ parte 
to be by lott hiid out for us, and tlic rest devided to such as shalbc will- 
ing to buihl tliereon, tlie\' paying after the rate of h^ per acre yearely to 
us, as for their other hinds as aforesaid which said lands in Cittyes &c is 
to be assured to each possessoi" by the same way and Instrewment as is 
before mentioned. 

Item That all rules relating to l)uilding of each streete, and quantity 
of ground to be allotted to each howse, within the said respective Cittyes, 
Burroughes and Townes, be wholy left by act as aforesaid to the wisdome 
and discretion of the Generall Assembly. 

Item The Inlial)itants of said Ct)nnty have free passage thorrough, or 
by any Seas, Sounds, Creekes, Rivers, Rivelets &c. in the said Province 
of Carolina, through or by which they must neccssaryly pass to come 
from the mayne Ocean to the County aforesaid or any parte of the pro- 
vince aforesaid. 



1668. 

[Rkcords of Perquimans County. Book A. No. 66.] 

George Duke of Albemarle Master of his Majesties Horse, Edward 
Earle of Clarendon, William Earle of Craven, John Lord Berkley 
Anthony Lord Ashley Chancel of the Exchequer, Sir George Carteret 
Vice Chamberlain of his Majesty's household, Sir William Berkley 
Knight, & Sr. Peter Colleton Baronet, the true and absolute Lords Pro- 
prietors of all the Province of Cai'olina. To our trusty and well beloved 
Samuel Stephens Esq' Governor of our County of AUiemarle, & the 
Isles and Iiilets within ten Leagues thereof, and to our tru,sty and well 
beloved, our Coun.sellors, and adju,stants to our said Governor, Greet- 
ing. — Whereas we have received a petition from the Grand Assembly of 
the County of Albemarle praying that the Inhabitants of the said County 
may hold their Lands upon the same terms, and conditions that the In- 
habitants of Virginia hold theirs, xlnd for as much as the said County 
doth border upon Virginia, and is much of the same nature; we are con- 
tent, and do grant, that the Inhabitants of said County do hold their 
lands of us the Lords Proprietors upon " the same terms and conditions 
that the Inhabitants of. Virginia hold theirs. — Werefore be it known 



176 COLONIAL RECORDS. 



unto all men by these presents, that we the said Lords and absolute Pro- 
prietors of the County within the Province aforesaid, have given, granted, 
and by these presents do give and grant full Power and Authority unto 
you our said Govenor by and with the Consent of our Councel, or tlie 
major part thereof, or to any Govenor for the time being or that shall 
hereafter be by us appointed, full power and authority, by and with the 
consent of our CoUncel then being, or the major part thereof, to convey, 
and grant such proportions of Land, as b}' our Instructions and Conses- 
sions annexed to our Commission, bearing date in October, Anno Domini 
1667. We have appointed to such persons as shall come into our said 
County to plant, or inhabit; To be held of us, our heirs and assigns 
upon the same terms, and Conditions that land is at this present usually 
granted in Virginia; anything in our Instructions and Concessions afore- 
said, to the Contrary not withstanding. — And we do hereby declare & 
consent that the warrant to the Surveyor for the laying out of said Land, 
and the Return thereof being Registered and also the grant of you our 
said Govenor, & Counsel, or Govenor and Counsel that shall be when 
such Land is due, having tlie Seal of the County affixed to it, and signed 
by your self, and Major part of our Counsel, for the time being, being 
Registered, shall be good and eifectual in law for the enjoyment of the 
said Ijand, or Plantation, and all the benefits and profits of, and in the 
same; (Except one iialf of all Gold & Silver mines) to the party to 
whom it is granted his heirs and assigns fjrever, he or they performing 
the Conditions aforesaid. Given under our hands and great seal of our 
Province, this first day of May, Anno Domini 1G68. Albemarle, Cra- 
ven, John Berkley, Ashley, Carteret, P. Colliton. 



[B. P. R. O. Colonial Papeks. Vol. XXIII. No. 23.] 

ACCOUNT OF LORD WILLOITGHBY'S PROCEEDINGS 

FROM HIS FIRST ARRIVAL AT BARRADOES 

23 APRIL 1667. 

BARBADOS. THE BEaiXNIXG AND PROGRESS OF MY PROCEEDINGS 
HERE FROM MY FIRST ARRIVAL AT BARBADOS 

APRiLL 23 1667 UXTO JULY 13 1668. 

At my arrivall I found the island under three Governors my sonne 
Henry Willoughby Col. Henry Hawley & Col. Sam. Barwicke the two 



COLONIAL RECORDS. 177 



latter planters who to ingratiate themselves with the people (thongh gen- 
erally hated) endeavored to ohstrnet all bnsiness tending to the King's 
honor and to the Conntrves safty when anything was {)roposed that might 
pnt the Conntry to charge This cansed sneh a division hetweene the 
loyally affected (who sided with my sonne Harry) and the factions and 
seditions spiritts that nowe begin to appeare (of which Barwicke, Lam- 
bert, Sir John Yeamans, Col. Sharpe Lt. Col. Edwd. Thornbnry, Lt. 
Col. John Home Col. Philip Bell now of my Conncil are the head and 
almost all, that had my arrivall beene protracted tenn daves longer they 
had all beene together by the eares. 

S"' John Yeamans another of this Assembly I at mv first arrivall re- 
solveing to appeare indifferent (making him a judg of one of the Conrts) 
the last Assembly then sitting bronght ,an accnsation against him for 
hireing a witness to take away a man's life and made their request to me 
that noe such person might be employed in Judicature Upon which I 
sent for S"' John and advised him of it and of my kindnes to him and 
would he have abided test I profered to stand by him which hee refused 
and desired me to propose another for which I since understand he had 
reason, he haveing beene formerly convict of the crime and the man \'et 
alive whose life hee endeavoured to take and for noe other reason but 
that he had a mind to the other gentleman's wife His sojine young 
Lieut. Coll. Yeamans was one of the Assembly the first day they sate 
told a Judge of this Island before much company that they (meaning 
the Assembly) would call mee to an account for shipping of the Country 
sugar though as yet I have not receaved one ounce. 

W. WILLOUGHBY 

Bar. July 22 '68. 



1669. 

[B. P. R. O. Colonial Entry Book. Vol. 20. p. 39.] 



COPY OF M' WEST'S COMISION AS COMANDER IN 
CHIEF. 

George Duke of Albemarle Cap' Gen" of all his Maj"" Forces, Ed- 
ward Earl of Clarendon William Earl of Craven John L"* Berkeley 
Anthony L"* Ashley Chancellor of the Exchequer Sir George Carteret 
19 



178 COLONIAL RECORDS. 



Barron' Vice Chamberlain of His Maj*'*' Honsehonld S"" Peter Colleton 
Barron' & S"^ William Berkeley Kn' the True & Absolute Lds & Pro- 
prie'" of y° Province of Carolina 

To our trusty & Wellbeloved Joseph West Greeting We doe hereby 
constitute & appoint you during our Pleasure Governor & Commander 
in Chief of our Fleet & y' persons embarqued in it bound for Carolina or 
that shall embark in our Fleet before its arrival in Barbados over which 
you are to place officers and cause them to be duly exercised in Armes 
and to do all & every other thing or things, which under your Charge of 
a Commander in Chief belongeth And wee by Virtue of His Maj"'' I^et- 
ters Pattents bearing date at Westminster y^ 20"^ of June in y'^ lO"" 
year of his Reign have power to Grant Commanding all infered officers 
of our said Fleet & Forces yon to obey as their Comander in Chief ac- 
cording to this our Commission & the Power thereby given unto you. 
And you yourself also are to observe & follow such order and Direction 
as from time to time you shall receive from us & in all things to Govern 
yourself as unto y" duty & place of a Governor & Comander in Chief 
doth belong which place you are to Elxecute till another Governor for 
that part of our province that .lyes to the Southward or Westward oflF 
Cape Carterett shall appetir Which Comission under our Hands & Great 
Scale of our Province to whom you are then to submitt & this Comission 
to become voyd to all intents & purposes given under our hands and the 
Great Seale of our Province this 27'" of July 1669. 



[B. P. R. O. Colonial Entry Book. Vol. 20. p. 33.] 



LETTER TO HENRY BRAINE. 

M"^ Henry Branie you are under theComand of M"" Joseph West (whom 
we have apointed Com'''' in Chief of our Fleet till their arrival at Babados) 
to saile to Kinsal in Ireland & from thence to Barbados as he shall direct 
& order you & when you are at Barbados you are to observe the orders 
of oiu- Governor for your proceedings to Port Royall, and to return 
from Port Royall to Barbados or to Virginia as you shall be directed by 
M" John Yeamans M' Thomas Colleton & M" Kingsland & there take 
in passengers & other fraught for Port Royall, if you go to Virginia you 
are to apply yourselfe to M"' William Burgh in Chocatuck creek in James 
River in whose hands vou shall finde Instructions what vou are to do if 



COLONIAL RECORDS. 179 



you come to Barbados you are to deliver wliat goods you shall bring 
from Port Royall for the Proprietors ace° to M' John Hallet & take his 
& M." Thomas Colletons Advice for your proceedings from thence either 
to saltordudos & Virginia or to Virginia directly or back to Port Royall. 

When you are at Port Royall you are to consult with M' West & 
our Governor there to what Port you shall goe when you goe from thence 
& are to sail to that Port that any two of you three shall agree on all 
being present at the Consultation if alive. 

You are from time to time to send us an account of your Proceedings 
what fraught your ship hath matle, and what you have delivered into 
the hands of our Factors or any of our Agents. 



[B. P. R. O. Col: Ent: Book. No. 20. p. 46.] 



AT A MEETING OF THE PROPRIATORS OF CAROLINA 

HELD AT THE COCKPITT THE 21" OF 

OCTOBER 1069. 

Present 
The Duke of Albemarle 
The Earl of Craven 
The Lord Berkeley 
The Lord Ashley 
Sir George Carterett 
Sir Peter Colleton 

The Duke of Albemarle was elected the Hrst Pallatin of Carolina. 
The Earle of Craven the first High Constable 
The Lord Berkeley the first Chancellor 
The Lord Ashley the first Chief Justice 
Sir George Carteret the first Admirall 
Sir Peter Colleton the first Hiy-h Steward. 



180 COLONIAL RECORDS. 



1670. 

[B. P. R. O. Col: Ent: Book. No. 20. p. 47.] 

AT A MEETING OF THE PROPRIETORS OF CAROLINA 

AT SIR GEORGE CARTERETTS LODGINGS 

AT WHITEHALL THE 20'" OF 

JANUARY 1069. [70] 

Present 
The Earle of Craven 
The Lord Berkeley 
The Ijord Ashley 
Sir George Carteret 
Sir Peter Colleton 
Sir Tho : Clarges for Christopher Duke of Albemarle 

Geoi'ge Duke of Albemarle the first pallatin of Carolina being dead 
The Lord Berkeley being the eldest in years of the surviving proprietors 
succeeded him and was admitted the second pallatin of Carolina. 

The Earle of C-raven continued his place of Con.stable 

The Lord Ashley continued his place of Chief Justice 

Sir George Carteret continued his place of Admirall 

Sir Peter Colleton quitted his place of liigh Steward and made election 
of that of Chancellor 

The Duke of Albemarle sent his Cbmission to his Deputy in 

Albemarle county by the tytle of Treasurer. 

The Lord Berkeley Pallatin comissionated Samuell Stephens to be his 
Deputy and Governor of Albemarle. 

The Earle of Craven deputed John Jenkins 

The Lord Ashley M"- John AVillughby 

Sir George Carteret M' Peter Carteret 

Sir Peter Colleton M'' Godfry 

Tlie Duke of Albemarle sent a blank to the Govei'nor. 



COLONIAL EECORDS. 181 



[B. P. R. O. Col: Ent: Book. No. 20. p. 52.] 



INSTRUCTIONS TO THE GOVERNOR AND COUNCELL 
OF ALBEMARLE. 

Wee liaveing agreed upon the Modell of Government lierewitli sent 
you Signed and Sealed by us to be the fundanientall Constitution.s and 
forme of Government of (,mr Province of Carolina for ever And not 
being able at present to putt it fully in practise by reason of the want of 
Landgraves and Cassiques and a sufficient number of people However 
intending to come as nigh it as we cann in the present state of aftairs in 
all the Collony of our said Province you are therefore required 

1. As soon as conveniently you cann after the receipt of theise our In- 
structions in our names to Issue out writts to the Fower Precincts of the 
County of Albemarle requireing each of them to elect five freeholders to be 
their representatives to whom the five persons chosen by us being added 
and M'ho for the present represent the Nobillity are to be your Assembh- 
They haveing chosen their Speaker you are in our names to require them 
to elect five persons which being joyned to those five deputed by us are 
to be your Councell by whose advice and consent or at least the major 
part of sixe of them all being summoned you are to governe according 
to the limitations and Instructions following observing what cann at 
present be put in practice of our Fundanientall Constitutions and forme 
of Government which Councell for the present to be in steed of the 
Grand Councell mentioned in our fundanientall Constitutions and form 
of Government And exercise the same powers and Jurisdictions the said 
Grand Councell is to doe by your fundanientall (Constitutions and forme 
of Government 

2. You are to cause all i)ersons soe chosen to svveare Alleageance to our 
Soveraigne Lord the King, and Fidellity and submission to the Proprie- 
tors and the form t)f Government by them established; but in case any 
man for Religion sake, be not free to sweare then shall he subscribe the 
same in a Book for that ca.se provided which shall be deemed the same 
with swearing. 

3. Yourselfe and the five Deputys of the respective proprietors are to 
represent the Pallatines Court and exerci.se the same Jurisdictions and 
powers that by our fundamentall Constitutions and forme of Government 
to that Court doth appertaine. 



182 COLONIAL RECORDS. 



4. You are by and with the consent of the Councell to establish such 
Courts and soe many as you shall for the present think fitt for tlie admin- 
istration of Justice till our Grand Modell of Government cann come to 
be putt in execution. 

6. You are by and with the Consent of the Assembly to make such 
laws as you sliall from time to time find necessary, which laws being- rat- 
tified by you and any tliree of our five deputys shall be in force as is in 
that case provided in the Twelftli and other Articles of our fundamentall 
constitutions and forme of Government. You are as soon as conveniently 
you cann to cause the Surveyor Generall to divide the Country into 
squares of 12000. acres By which wa intend not to alter any mans Right 
but that those measures and rules that We have agreed on in our funda- 
mentall Constitutions and forme of Goverinnent may the sooner and 
easier come to be putt in practice amongst you. 

6. You are to take notice that we doe grant unto all Free persons that 
doe come to plant in Carolina before the 25"' of December 1672 And are 
above the age of sixteene yeares, sixty acres of Land And tt) the said 
Free persons for every al^le man servant with a good fyerlocke 10""^ of 
powder and twenty pounds of Bullet sixty acres For every other sort 
of servant fifty acres And to each of the said servants when out of 
their time fifty acres to his or hei' propei- use and behoofe and to their 
heirs &c for ever. 

7. Any person haveing transported liiiuselfe or servants into the County 
to plant shall make the same appeare to yourselfe and Couucill wlu) 
shall thereupon issue (jut a warrant to the Surveyor Generall to lay him 
out a parcell of Land according to the Proportion mentioned in theise 
our instructions And the Surveyor liaveing done the same And the war- 
rant with the Surveyor GeneraU's returne thereon being recorded And 
the person to whom this land is granted haveing sworne or subscribed 
Alleageance to our Soveraigne Lord the King and fidellity and submis- 
sion to the Lords Proprietors and their fundamentall Constitutions and 
forme of Government You are under the Scale for that use provide<l to 
passe this following grant. 

John Lord Berkeley of Stratton Lord Lieutenant of the Kingdome 
of Ireland and Pallatiue of Carolina and the rest of the true and absolute 
Lords and Proprietors of C-arolina To all persons to ^\'honl theise pres- 
ents shall come greeting in our Lord God everlasting. 

Know yee that we the said Lords and absolute Proprietors according 
to our Instructions dated at Whitehall the day of January 1669 

Remaining upon Record in the County of Albemarle in the Province 



COLONIAL liECOEDS. 183 



iifort'said Doe lierehv ti'vant unto A. I?, of the said Cduntv planter a 
Plantation containint;; acres of land English measure lying and 

being in the Preeinet of A. in the said Conntv hounded N the said Laud 
being due to the said A. B. l)y and for the transportation into this (V)unty 
of persons whose names are upon Record under this Pattent. To have 
and to hould the said Plantation unto the said A. B. his heirs and As- 
signes forever with Priviledge of Hawking Hunting, Fishing and fowl- 
ing with all woods and trees, with what else is there standing, growing 
and being exeept all mines, and mineralls, and all quarrys of Jemms and 
pretious Stones. Yeilding and j)aying therefore unto us our Heirs and 
Successors yearely every twenty fifth day of March according to the 
English accompt one halfe penny of lawfull English money or the val- 
lew thereof for every of the said acres to be houlden of us in Free and 
Common Soccage the first payement of the Rent to begin the five and 
twentieth day of March which shall be in the yeare 1670 Provided 
aUvaies tliat if the said Jjand be not seated within one yeare after the 
date hereof then this Pattent to be V(jid else to stand in full force Given 
at under the seale of our County of Albemarle this 

day of A. D. 1670. Being the sixth yeare of our possession of our 
Province of Carolina. Witness Peter Cartrett Esq"'" Governor and 
Commander in Cheife of our said County and our trusty and wel be- 
loved our Councellors who have hereunto sett their hands the day and 
yeare above said. 



[B. P. R. O. Col: Ent: Book. No. 20. p. 48.] 



ACTS OF THE ASSEMBLY OF ALBEMARLE RATTIFIED 
AND CONFIRMED BY THE PROPRIE- 
TORS THE 20«' JAN--^ 1669 (-70). 

AX ACT PROHIBITIXC; SUEING OF ANY PERSON WITHIN 5. YEARES. 

Whereas there hath not binn sufficient Encouragement hitherto granted 
to persons transjiorting themselves and Estates into this County to plant 
or inhabit. For remedy whereof be it enacted by the Pallatine and 
Lords Proprietors by and with the advice and consent of this present 
grand Assembly and the authority thereof that noe person transporting 
themselves into this County after the date hereof shall be lyable to be 
sued during the terme and space of five yeares afler their Arrival for any 



184 COLONIAL RECORDS. 



dobt contracted or cause of action given Avithout the County and that noe 
person liveing in tliis County shall on any pretence whatsoever receive 
any letter of Atturney Bill or account to recover any debt within the 
time above mentioned of a Delitor liveing here ^\•itll out the said Debtor 
freelv consent to it. 



AN ACT CONCERNING MARRIAGES. 

Forasmuch as there may be divers people that are minded to be joyned 
together in the holy state of AVedlock and for that there is noe minister 
as yet in this County l)v whom the said Partves may be joyned in Wed- 
lock according to tiie rites and customs of our native Country the King- 
dome of England that none may be hindred from this soe necessary a 
worke for the preservation of Mankind and setlement of this County it 
is enacted And be it enacted by the Pallatinc and Lords Proprietors of 
Carolina by and with the advice and consent of the Present Grand Assem- 
bly and autln)rity thereof that any two persons desiring to be joyned to- 
gether in the holy state of matrimony takeing three or fower of their 
Neighbours along with them and repairing to the Governor or any one 
of the Councell before him declaring that they doe joyne together in the 
holy state of "Wedlock And doe accept one the other for man and wife ; 
and the said Governor or Councellor liefore whom such act is performed 
giveing Certificate thereof and the said Certificate being registered in the 
Secrytary's Office or by the Register of the Precinct or in such other 
Office as shall hereafter for that use be provided It shall be deemed a 
Lawfull Marriage and the partves violating this Marriage shall be pun- 
ishable as if they had binn marryed by a minister according to the rites 
and Customs of England. 



AN At;T CONCERNING TRANSFERRING OF RIGHTS. 

There being divers persons who resort into this County and perhapps 
ill a short time leave it againe yett neverthelesse whilst they are here, they 
make sale of their Rights to land which thing may pro\-e very prejudi- 
ciall to our Lords Proprietors and to the speedy setlement of this County 
be it therefore enacted by the Pallatine and Ltu'ds Proprietors by and 
with the advice and consent of this present Grand Assembly That noe 
person or jiersons whatsoever shall make sale of their Right or Rights to 
land until! lie hath binn two compleate years at least an inhabitant in the 
Countv. 



COLONIAL RECORDS. 185 



AN ACT EXEMPTING NEW COMJIEItS FR(JM PAYINC; EP:VYS FOK 
ONE YEAUE. 

Bee it enacted by the Pallatine and I^ords Pr()])rietors and with the ad- 
vice and consent of the Crand Assembly and tlie authority thereof tliat anv 
person or persons transporting themselves and Families into this Conntv 
to plant and here seat themselves shall be exempted from paying levys 
for one whole yeare after their arrival). Provided always there be noe 
emergent charge which the Vu-v Pallatine Ci)unscll and Assembly shall 
judge extraordinary. 



AX ACT A(iAINSr IN(;H( H EIJS. 

Whereas divers adventurers have transported Conimodyties into this 
County which hath binn engrosed by some particidar persons to retaile 
again at unreasonable rates to the Inhabitants of this County to jjrevent 
which inconvenience for the future It is enacted and be it enacted by the 
Pallatine and Proprietors by and with the advice and consent of this 
present Grand Assembly and the authority thereof that an\' person what- 
soever witliin this County that shall after the Publication hereof presume 
to engrose any quantity of goods from any adventurer to sell and retaile 
againe at unreasonable rates to the Inhabitants shall ft>rfeit for every 
such offence tenn thousand pounds oi' tobacco, the one lialfe to the in- 
former, the other halfe to the use of the Lords Proprietors. 

And it is hereby further declared and enacted by the authority afore- 
said that any person or persons that shall buy goods of any Adventurer 
and retaile the same except he cann in tenn days jiroduce to the valle\\- 
of the said Goods so purchased oi' liis owne proper Tobacco or Estate 
according to the bargaine in kinde he shall be deemed an Ingrocer and 
proceed against as in this act for that case is provided. Provided never- 
theless that this Act shall not extend to the Prohibiting anyone that shall 
keep Shopp or retaile any sorte of Comodytys in any Tt)wne that is or 
shall be erected by the Lords Proprietors or by their order. 



AN ACT CONCERNING DEFRAYING THE CHARGE OF THE GOVERNOR 
AND t.'OUNCELL. 

Whereas there hath never any course been taken for the defraying the 

necessary charge of the Governor and Councell in time of Courte And for 

as much as the Grand Assembly doe thinke it unreasonable that they 

should spend their times in the service of the County and not have their 

20 



186 COLONIAL RECORDS. 



Charges borne, be it therefore enacted by the Pallatine and Proprietors 
by and with the advice and consent of this present Grand ^\_ssembly and 
the authority thereof That there be thirty ponnds of Tol)aeco levyed npon 
every Action that comes into Conrte from him that is cast and that it be 
levyed and collected by the Sheriif with his fees And disposed of by 
order of the Governor and Councell for defraying their ordinary charge. 



AN ACT WHAT LAND MEN SHALL HOULD IN ONE DEVIDEND. 

Whereas there are divers men that have right to great tracts land, and 
not nigh people enongh to manure and people the same, by which means 
the Country will great ]>art thereof lye unseated and unpeopled which 
may prove prejudiciall to the safety and interest of the Right Honorable 
the Lords Projirietors of the County For prevention whereof it is there- 
fore enacted and be it enacted by the Pallatine and Lords Proprietors by 
and with the advice and consent of the Grand Assembly and autiiority 
thereof that noc person or persons whatsoever he be within this County 
under the degi'ee of a Proprietor, Landgrave or Cassique shall have Lib- 
erty for the space of five yeares next ensueing to survey or ley out above 
six hundred and sixty acres of Land in one devidend that soe the County 
may be the speedier seated, without express leave obtained from the 
Lords Proprietors. 

And it is hereby further enacted that there sliall not bee granted in 
any warrant any quantity of Land but what is allowed according to the 
Quallity of the riglit and is exprest in the Pro))rietors Instructions, con- 
cessions or fundamentall Constitutions or forme of Government. 



AN ACT FOR THE SPEEDIER SEATING OF LAND. 

Whereas there are several! of the Liliabitauts within this County that 
formerly did cleare some small quantity of Tjand and build some ln)uses 
thereon which now have forsaken it espetially on >South Lanchester side 
of the west of Chowan and other parts of the Comity And in as much 
as the said Land lyes voyd and nnplanted which proves a hindrance to 
the Setlement of the County Be it therefore enacted by the Pallatine and 
I^ords Proprietors by and with the advice and consent of this present 
Grand Assembly and the authority thereof Tliat if any person or per- 
sons that have bestowed any Labour as above said on any Land within 
the County shall not repaire to it and seat the same within sixe months 
atter the publication hereof that then it shall and may be hnvfull foi' tlie 
Governor and Councell to lett it out to any other person to doe it The 



COLONIAL RECORDS. 187 



party tu.wliuni it is soe lett out paying' to the tir.st laboiiror .so JiiiK-li as 
it shall be atljudiiecl bv ibwer houfst lUfii to be worth. 



AN ACT PROHIBITING STKANCEKS TRADING WITH THE INDIANS. 

For as niueh as there is often reeourse of Strangers from other parts 
into this County to truck and trade with the Indians whidi is conceived 
may prove very prejudiciall Wherefore be it enacted by the Pallatine and 
Tjords Proprietors by and witli the advice and consent of the Grand As- 
sembly and the authority thereof that if any person or persons of what 
quallity or Condition soever they be shall presume to come into this 
County to truck or trade with any of our neighbouring Indians bek)ng- 
ing to the County or that shall be found to have any Indian trade pur- 
chased from them or being found or appearing that they come to trade 
with any Indians as aforesaid Whether in their Townes or elsewhere 
within the County which is hereby left for the Magistrate to judge it 
shall bee lawfull for any person or persons to apprehend any such per- 
sons or Forreigners that shall be found amongst the Indians or elsewhere 
within the limitts of the County and him or them bring before the Gov- 
ernor or any one of the Coimcell who shall hereby have ^Jower to comitt 
them to prison there to abide till they have paid tenn thousand pounds 
of tobacco and caske otherwise to stand to the censure of the Vice Palla- 
tine and Councell And it is further declared that whatsoever Trade is 
found with the person apprehended One halfe thereof and one lialfe of 
the fine shall belong to the Apprehendor and the other halfe to the Lords 
Proprietors. 



The fore going Acts weare past againe the IS"" of October and sent 
per M'' Xixon. 



[Reprinted from Revised Rtatutes of North Carolina, Vol. II, Page 449.] 

THE FUNDAMENTAL CONSTITUTIONS OF CAROLINA, 
DRAWN UP BY JOHN LOCKE, MARCH 1, 16G9. 

(See Locke's Works, 8tli edition, volume 10, page 17.').) 

Our sovereign I^ord the King, having out of his royal grace and bounty, 
granted unto us the Province of Carolina, witli all the royalties, pro))er- 
ties, jurisdictions and priviledges of a County Palatine, as large and 
ample as the County Palatine of Durham, with other great Priviledges; 



188 COLONIAL RECOEDS. 



fur the better .-;ettlemeiit of the guverimient of tlie said plate, and estab- 
lisliing the interest of the Lords Proi>rietor,s with equality, and without 
confusion ; and that the government of this Province may be made most 
agreeable to the Monarchy under which we live, and of which this Prov- 
ince is a part; and that we may avoid erecting a numerous democracy: 
We, the Lords and 2n-opriet(jrs of the Province aforesaid, have agreed 
to this following form of government, to be perpetually established 
amongst us, unto which we do oblige ourselves, our heirs and successors, 
in the most binding ways that can be devised. 

1st. The eldest of the Lords Proprietors shall be Palatine; and upon 
the deceas'fe of the Palatine the eldest of the seven sui'viving proprietors 
shall always succeed him. 

2d. There shall be seven other cliief officers erected, viz. the Admirals, 
Chamberlains, Chancellors, Constables, Chief Justices, High Stewards 
and Treasurers ; wliich places shall be enj(_)yed by none but the Lords 
Proprietors, to be assigned at first by lot; and upon the vacancy of any 
one of tlie seven great offices, by death or otherwise, the eldest proprietor 
shall have his choice of the said place. 

3d. The whole Province siiall be divided into Counties; each county 
shall consist of eight signories, eight baronies and four ])recincts; each 
precinct shall consist of six colonies. 

4th. Each signory, l)ai\iuy, and colony, sliall consist of twelve thou- 
sand acres, the eight signories being the share of the eight proprietors, 
and the eight baronies of the nobility; both which shares, being each of 
them one fifth of the wIkjIc, are to be jterjjetually annexed, the one to the 
proprietors and the otliei' to the hereditary nobility; leaving the colonies, 
being three fifths, amongst the jjcople ; so that in setting out and plant- 
ing the lands, the balance of the government may be preserved. 

5th. At any time before tiie year one thousand, seven hundred and one, 
any of the lords prtiprietors shall have power to relinquisli, alienate and 
dispose tt) any other person, his proprietorship, and all the signories, 
powers, and interest, tliereuuto belonging, wholly and intirely together, 
and not otherwise. IJiit after the year one thousand, seven hundred, 
those who are then Lords Proprietors, shall not have power to alienate, 
or make over their proprietorship, with the signories and priviledges 
thereunto belonging or any part thereof to any person whatsoever, other- 
wise than in section IStii ; but it shall all descend unto their heirs male; 
and for want of lieirs male, it shall descend on that Landgrave, or Ca- 
siqne, of Carolina, who is descended of the next heirs female of the pro- 
prietor; and fi)r want of such lieirs, it shall descend on the next heir 



COLONIAL RECORDS. 189 



general; aiul for want of sucli heirs, the reniaininii' seven proprietors 
shall npon the vaeaney, choose a Landgrave to sueeeed the deceased pro- 
prietors, who being chosen by the majority of the seven surviving pro- 
prietors, he and his heirs, suiressively, shall I>e proprietors, as fully, to 
all intents and purposes, as any of the rest. 

6th. That the number of eight jTi'oprietors may be constantly kept ; if 
upon the vacancy of any proprietorship, the seven surviving proprietors 
shall not choose a Ijandgrave to be a proprietor, before the second bien- 
nial parliament atiter the vacancy, then the next* biennial parliament but 
one, after such vacancy shall have power to ciioose any I^andgrave to be 
a proprietor. 

7th. Whosoever atter the year one thousand seven hundretl, either by 
inheritance or choice, shall succeed any proprietor in his proprietorship 
and signories thereunto belonging, shall be obliged to take the name and 
arms of that proprietor whom he succeeds, which from thencetbrth shall 
be the name and arms of his family and their posterity. 

8th. Whatsoever Landgrave or Casitjue shall any way come to be a 
proprietor, shall take the signories annexed to the said i)roprietorship : 
but his former dignity, with the baronies ainiexed, siiall devolve into the 
hands of the Lords ProjJrietors. 

9th. There shall be just as many Landgraves as there are counties, 
and twice as many Casi(pics, autl no more. These shall be the hereditary 
nobility of the Province, and by right of their dignity be members of 
parliament. Each I^andgrave shall have four baronies, and each Casique 
two baronies, hereditarily and unalterably annexed to and settled upon 
the said dignity. 

10th. The first Landgraves and C'asiques, of the twelve first counties 
to be planted, shall be nominated thus, that is to say, of the twelve 
Landgraves, the Lords Proprietors shall each of them separately for 
himself, nominate and choose one; and the remaining four Landgraves of 
the first twelve shall be nominated and chosen by the Palatine's court. In 
like manner of the twentyfour first Casiques, each projjrietor for himself 
shall nominate and choose two, and the remaining eight shall be nomi- 
nated and chosen by the palatine's c(.)urt ; and when the twelve first coun- 
ties shall be planted, the Lords Proprietors shall again, in the same man- 
ner, nominate and choose twelve more Landgraves, and twentyfour more 
Casiques, for the next twelve comities to be planted ; that is to say, two 
thirds of each numl)er, by the single nomination of each proprietor for 
himself, and the remaining third by the joint election of the palatine's 
court; and so proceed in the same manner, till the whole province of 



190 COLONIAL KECORDS. 



Carolina be set out and planted, aeeording to the proportions in these fun- 
damental eonstitution.s. 

11th. Any Landgrave or Casique, at any time before the year one 
thousand seven hundred and one, shall have power to alienate, sell or 
make over to any other person, his dignity, with tlie baronies thereunto 
belonging, all intirely togetlier; but after the year one tliousand, seven 
hundred, no Landgrave or Casique sliall have power to alienate, sell, 
make over, or let the hereditary baronies of his dignity, or any part 
thereof, otherwise than as in section ISth; but they shall all intirely, 
with the dignity thereiuito belonging, descend unto his heirs male ; and 
for want of heirs male, all intirely and undivided, to the next heir gen- 
eral ; and for want of such heirs shall devolve into the hands of the 
Lords proprietors. 

12th. That the due number of Landgraves and Casiques, may be 
always kept up; if upon the devolution of any landgraveship, or 
Casiqueship, the palatine's court shall not settle the devolved dignity, 
with baronies thereunto annexed, before the second bieiniial parliament, 
after such devolution, the next biennial parliament but one, after such 
devolution, shall have power to make any one landgrave or casique, in 
the room of him who dying without heirs, his dignity and baronies 
devolved. 

1 3th. No one person shall have more than one dignity, with the signiories 
(U- baronies thereunto belonging. But whensoever it shall liappen, that 
anv one who is already Proprietor, Landgrave, or Casique, shall have any 
of these dignities descend to him by inheritance, it shall be at his choice 
to keep which of the dignities, with the lands annexed, he shall like best ; 
but shall leave the other, with the lands annexed, to be enjoyed by him, 
who not being his heir apparent, and certain successor to his present dig- 
nity, is next of blood. 

14tli. Whosoever by right of inheritance, shall come to be Landgrave 
or Casique, shall take the name and arms of his predecessor in that dig- 
nity, to be from thenceforth the name and arms of his family and their 
posterity. 

15th. Since the dignity of Proprietor, Landgrave or Casique, cannot 
be divided, and the signiories or baronies, thereunto annexed, must for- 
ever all intirely descend with and accompany that dignity; whensoever 
for want of heirs male, it shall descend on the issue female, the eldest 
daughti'r and her heirs shall be preferred, and in the inlieritance of those 
dignities, and in the signiories or bart)nies annexed, there shall be no co- 
heirs. 



COLONIAL RECORDS. 191 



16th. In every siii'iiiorv, harony, and manor, tlie respective Lord shall 
have power in his own name to hold eonrt leet there, for trying of all 
causes, ht)th civil and criminal ; hnt where it shall concern any person 
being no inhabitant, vassal, or leet man, of the said signiory, Itarony or 
manor, he upon paying d(n\'n of forty shillings, for the Lords Proprie- 
tors' use, shall liave an appeal from the signiory, or barony court, to the 
county court, and from the manor coiu't to the precinct court. 

17th. Every mant)r shall consist of not less than three thousand acres, 
and not above twelve thousand acres, in one intire piece and colony; but 
any three thousand acres or more, in one piece, and the possession of one 
man, shall not be a manor, unless it be constituted a manor bv the grant 
of the palatine's court. 

18th. The Lords of signiories and baronies, shall have power onlv of 
granting estates not exceeding three lives, or twentyone vears, in two 
thirds of the said signiories, or liaronies, and the remaining third shall be 
ahvays demesne. 

19th. Any Lord of a manor, may alienate, sell, or dispose to any other 
person and his heirs forever, his manor all intirely together, with all the 
priviledges and leet men, thereunto belonging, so far forth as any colony 
lands ; but no grant of any part thereof, either in fee or for any longer 
term than three lives, oi- one and twenty years, shall be good against the 
next heir. 

20th. No manor, for want of issue male, shall be divided amongst co- 
heirs; but the manor, if there be but one, shall all intirely descend to the 
eldest daughter an<l lier heirs. If there be more manors than one, the 
eldest daughter fii'st shall have her choice, the second next, and so on, 
beginning again at the eldest until all the manors betaken up; that so 
the priviledges which belong to manors, being indivisible, the lands of 
the manors, to which they are amiexed, may be ke]>t intire, and the manor 
not lose those priviledges, which upon parcelling out to several owners 
must necessarily cease. 

21st. Every Lord of a manor, within his own manor, shall ha\-e all 
the powers, jurisdictions and ])riviledges, which a Landgi'ave or Casiqne 
hath in his baronies. 

22d. In every signiory, barony and manor, all the leet men shall be 
under the jurisdiction of the respective Ijords of the said signiory, barony 
or manor, without appeal from him. Nor shall any leet man, or leet 
woman have liberty to go ott' from the land of their particular I^ord and 
live any where else, without license obtained from their said Lord, under 
hand and seal. 



192 COLONIAL RECORDS. 



23d. All the children of leet men, shall l)e leet men, and so to all gen- 
erations. 

24th. No man shall be capal)le of liaviiiii' a eonrt leet, or leet men, but 
!i Proprietor, Ijandgrave, Casique, or l^ord of a manor. 

25th. Whoever shall v<)bintarily entei' himself a leet man, in the reg- 
istry of the <'ounty court, shall be a leet man. 

2r)th. Whoevci' is Jjord of leet men, shall upon the marriage of a leet 
man, or leet woman of his, give them ten aeres of land, for their lives, 
they paying to him therefore, not moi'c than one eighth ])art of all the 
yearly produce and growth of tlie said ten aeres. 

27tli. No l^andgrave or ('asi(|ue, shall l)e tried foi' any criminal cause, 
in any but the Chief-justice's court, and that by a jury of his peers. 

2fSth. There shall be eight su])reme Courts. Tiie first called the pal- 
atine's court, consisting of the Palatine and the other seven Proprietors. 
The other seven coui'ts, of llie othei- seven great officers, shall consist 
each of them of a Propi'ietor, and six counsellors added to him. Under 
each of these latter seven courts, shall be a college of twelve assistants. 
The twelve assistants of the several colleges, shall be chosen, two out of the 
Landgraves, Casiques, or eklest sons of the Pro23riet(.)rs, l)y the palatine's 
court: two out of the Landgraves, by the Landgraves' chamber; two 
out of the Casiques, by the Casiques' chamber ; four more of the twelve 
shall be chosen by the Common's chamber, out of such as have been or 
are members of ]iarliament, sheriffs, or justices of the county court, or 
the vounger sons of Proprietors, or the eldest sons of Landgraves or 
Casiques; the two others shall be chosen by the Palatine's coiu-t, out of 
the same sort of persons out of which the ct)inmou's c-hamber is to choose. 

29th. Out of these colleges, shall be chosen at first by the palatine's 
court, six counsellors to be joined with each Proprietor in his court; of 
which six, one shall l>e of those, who were chosen into any of the col- 
leges by the jialatine's court, out of the Landgraves, Casiques, or eldest 
sons of Proprietor's; one, out of those who were chosen by the Land- 
grave's chamber ; one, out of those who were cliosen by the Casique's 
chamber; two, out of those who were chosen by the Common's chamber : 
and one out of those who were chosen by the Palatine's court, out of the 
Proprietor's younger sons, or eldest sous of Landgraves, Casicjues, or 
Commons qualified as aforesaid. 

3(»th. When it shall haj)pen that any counsellor dies, and thereby there 
is a vacancy ; the grand council shall have power to remove any counsel- 
lor that is willing to be removed out of any of the Proprietor's courts, 
to fill up the vacancy, provided they take a man of the same degree and 



COLONIAL KKCOKJKS. 193 



choice the other was of, whose phiee is to he Hllcd uji. J>ut if no eoiiii- 
selk>r consent to l)e reniovi'd, or upon such remove tlie last remaining 
vacant phice, in any of the Proprietor's courts, shall he tilled up hy the 
clioice of the grand council, \\ho shall ha\c powci" to remove out oi' anv 
of the colleges, any assistant who is of the same degree and choice that 
counsellor was of, into whose vacant |)lace he is to succeed. The grand 
counsil also, have power to remove any assistant, that is willing, out of 
one college into another, provided he he of the same degi'ce and choice. 
But the last remaining vacant ])lace in any college, shall he tilled ujt hv 
the same choice, and out of the same degree of ])ersons the assistant was 
of, who is dead or removed. No place shall ]»■ vacant iu any Proprie- 
tor's court ahove six months. No place shall he vacant iu any college, 
longer than the next session of parliament. 

31st. No man heing a memher of the grand council, or of anv of the 
seven colleges, shall he turned out, hut for misdemeanour, of \\hicli the 
grand council shall he judge; and the vacancy of tlie person so put out, 
shall l)e filled, not hv the election of the grand council, hut hy those who 
first chose him, and out of the same degree he was of, who is expelled. 
But it is not herehv to be understood, that the grand council hath any 
power to turn out any one of the Lords Proprietors, or their deputies; 
the Lords Proprietors having in themselves, an inherent original right. 

32d. All elections in the parliament, in the several chambers of the 
parliament, and in the grand council, shall be passed by balloting. 

33d. The Palatine's court shall consist of tlie palatine, and seven Pro- 
prietors, wherein nothing shall be acted without the presence and consent 
of the Palatine or his deputy, and three other of the Proprietors or their 
deputies. This court shall have power to call Parliaments, to pardon all 
offences, to make elections of all officers in the Proprietor's dispose, and 
to nominate and appoint port townes; and also shall have power Ijy 
their order to the treasurer, to dispose of all puljlic treasure, excepting 
money granted by the Parliament, and hy them directed to some partic- 
ular public use; and shall also have a negative upon all acts, orders, votes 
and judgments of the grand council and the parliament, excej)t only as 
in Sec. 6th and 12th, and shall have all the powers granted to the Lords 
Proprietors, by their patent from our sovereign lord the king, except in 
such things as are limited by these fundamental constitutions. 

34th. The Palatine himself, when he iu person shall he either in the 
army, or any of the Proprietor's courts, shall then have the power of 
general, or of that Proprietor in whose court he is then present, and the 

21 



194 COLONIAL RECORDS. 



Proprietor in whose court the Palatine then presides, shall during his 
presence there, be but as one of the council. 

35th. The chancellor's court, consisting of one of the Proprietors, and 
his six counsellors, who shall be called vice chancellors, shall have the 
custody of the seal of the Palatine, under which charters of lands or 
otherwise, commissions and grants of the Palatine's coiu-t, shall pass. 
And it shall not be lawful to put the seal of the Palatinate to any writ- 
ing, which is not signed by the Palatine or his deputy, and three other 
Proprietoi's or their deputies. To this court also belong all state matters, 
despatches, and treaties with the neighbour Indians. To this court also 
belong all invasions of the law, of liberty, of conscience, and all inva- 
sions of the public peace, upon pretence of religion, as also the license 
of printing. The twelve assistants belonging to this court, shall be 
called recorders. 

36th. Whatever passes under the seal of the Palatinate, shall be 
registered in that proprietor's court to which the matter therein contained, 
belongs. 

37th. The Chancellor or his deputy, shall be always speaker in Par- 
liament, and president of the grand council, and in his and his deputy's 
absence, one of the vice chancellors. 

38th. The Chief Justice's Court consisting of one of the proprietors 
and six counselloi's, who shall be called justices of the bench, shall judge 
all appeals in cases both civil and criminal, except all such cases as shall 
be under the JTu-isdiction and cognizance of any other of the Proprietor's 
courts, which shall be tried in those courts respectively. The govern- 
ment and regulation of registries of writings and contracts, shall belong- 
to the jurisdiction of this court. The twelve assistants of this court, 
shall be called masters. 

39tli. The Cimstable's Court, consisting of one of the Proprietors and 
his six counsellors, who shall be called Marshalls shall order and deter- 
mine of all military aftairsby land, and all land forces, arms, ammuni- 
tion, artillery, garrisons and forts, &c. and whatever belongs unto war. 
His twelve assistants shall be called Lieutenant Generals. 

40th. In time of actual war, the Ccmstable while he is in the army, 
shall be general of the army; and the six Counsellors, or such of them 
as the Palatine's Court shall for that time or service appoint, shall be the 
immediate great officers under him, and the Lieutenant Generals next to 
them. 

41st. The Admiral's Court, consisting of one of the Proprietors, and 
iiis six Counsellors, called Consuls, sliall have tlie care and insjtection 



COLONIAL KECOliDb. 195 



i)\'er all ports, uiolcs, luid iiaxigable rivers so tiir as the tide Hows, and 
also all the publie shipping of Carolina, and stores thereunto belonging, 
and all maritime affairs. This court also shall have the power of the 
court of admiralty ; and shall have power to constitute Judges in port 
towns, to try eases belonging to law-merchant, as shall be most conven- 
ient for trade. The twelve assistants belonging to this court, shall be 
called proconsuls. 

42d. In time of actual war, the ailmiral whilst lie is at sea, shall com- 
mand in chief, and his six counsellors, or such of them as the Palatine's 
Court shall for that time (.)r service appoint, shall be the immediate great 
officers under him, and the proconsuls next to them. 

43d. The treasurer's court, consisting of a proprietor and his six coun- 
sellors, called under treasurers, shall take care of all matters that concern 
the public revenue and treasury. The twelve assistants shall be called 
Auditors. 

44th. The high Steward's Court, consisting of a proprietor and his six 
counsellors, called comptrollers, shall have the care of all tbreign and 
domestic trade, manufactures, public buildings, work houses, highways, 
passages by water above the flood of the tide, drains, servers, and banks 
against inundations, bridges, posts, carriers, fairs, markets, corruption or 
infection of the common air or water, and all things in order to the pub- 
lic commerce and health ; also, setting out and surveying of lands ; and 
also setting out and appointing places for towns to be built on, in the 
precincts, and the prescribing and determining the figure and bigness of 
the said towns according to such models as the said courts shall order ; 
conti'ary or differing from which models, it shall not be lawful for any one 
to build in any town. This court shall have power also to make any 
public building, or any new highway, or enlarge any old highway upon 
any man's land whatsoever ; as also to make cuts, channels, banks, locks 
and bridges for making rivers navigable, tir for draining fens, or any 
other public use. The damage the owner of such lands (on or through 
which any such public things shall be made) shall receive thereby, shall 
be valued, and satisfaction made, by such ways as the grand council shall 
appoint. The twelve assistants belonging to this court shall be called 
surveyors. 

45th. The Chamberlain's Court, consisting of a Proprietor and six 
Counsellors, called vice chamberlains, shall have the care of all cere- 
monies, precedency, heraldry, reception of public messengers, pedigrees, 
the registry of all births, l)urials and man-iages, legitimation, and all cases 
concerning matrimony, or arising fr(im it, and shall also have jjower to 



196 COLONIAL RECORDS. 



regulate all Iksliions, habits, budges, gaaies and sports. To this Court it 
shall also belong, to eonvocate the grand council. The twelve assistants 
belonging to this Court, shall be called Provosts. 

46th. All causes belonging to, or under the jurisdiction of any of the 
Proprietor's Courts, shall in them respectively be tried, and ultimately 
determined, without any further appeal. 

47th. The Proprietor's Courts shall have a power to mitigate all fines, 
and suspend all execution in criminal causes, either before or after sen- 
tence, in any of the other inferior courts respectivelv. 

48th. Tn all debates, hearings or trials in any of the Proprietor's 
Courts, the twelve assistants belonging to the said courts respectively, 
shall have liberty to be present, but shall not interpose unless their opin- 
ions he recjuired, noi' have any vote at all; but their business shall be, by 
the direction of the respective courts, to prepare such business as shall be 
committed to them; as also to bear such offices, and dispatch such affairs, 
either where the court is kept, or elsewhere, as the court shall think fit. 

49th. In all tlie Proprietor's Courts, the Proprietor and any three of 
his Counsellors shall make a (piorum ; provided always, that for the bet- 
ter despatch of business, it shall be in the power of the Palatine's Court 
to direct what sort of causes sliall l>e licard and detei-miiied bv a quorum 
of any three. 

50th. The grand council shall consist of the Palatine and seven Pro- 
prietors, and the fortytwo Counsellors of the several Proprietor's Courts, 
who shall have power to determine any controversy that may arise be- 
tween any of the Proprietor's Courts, about their respective jurisdictions, or 
between the memliers of the same court, about their manner and methods 
of proceedings; to make peace and war, leagues, treaties, &c., with 
any of the neighbour Indians ; to issue out their general orders to the 
Constable's and Admiral's Courts, for the raising, disposing, or disband- 
ing the forces, by land or by sea. 

51 St. The grand council shall prejjare all matters to be proposed in 
Parliament. Nor shall any mntter whatsoever, be proposed in Parlia- 
ment, but what has first passed the grand council ; which after having 
been read, three several days in the Parliament, shall l)y majority of 
votes, be passed (jr rejected. 

52d. The grand council sliall always be judges of all causes and ap- 
peals that concern tiie Palatine, oi- any of the I^ords Proprietors, or anv 
Counsellor of any Proprietor's Court, in any cause which should other- 
wise have been tried in the court of which the said Counsellor is Judge 
himself. 



COLONIAL RECORDS. 197 



53d. The grand council by their warrants to the Treasurer's Court, 
shall dispose of all the money given by the Parliament, and by them 
directed to any particular public use. 

54th. The quorum of the grand council sliall be thirteen, whereof a 
Proprietor or his deputy shall be always one. 

55th. The grand council shall meet the first Tuesday in every mouth, 
and as much oftener as either they shall think fit, or tliey shall l)ec()nvo- 
eated by the Chamberlain's Court. 

56th. The Palatine, or any of the Lords Proprietoi's, shall have power, 
under hand and seal, to be registered in the grand couucil, to make 
a deputy, who shall have the same powei- to all intents and purposes, as 
he himself, who deputes him; except in confirming acts of Parliament as 
in Sec. 76th, and except also in nominating and choosing Landgraves 
and Casiques, as in Sec. 10th. All such deputations, shall cease and de- 
termine at the end of four years, and at any time shall be revocable, at 
the pleasure of the deputator. 

57th. No deputy of any Proprietor shall have any power, whilst the 
deputator is in any part of Carolina, except the Proprietor, whose deputy 
he is, be a minor. 

58th. During the minority of any Proprietor, his guardian shall have 
power to constitute and appoint his deputy. 

59th. The eldest of the Lords Proprietors who shall be pers(jnally in 
Carolina, shall of course be the Palatine's de2>uty, and if no proprietor 
be in Carolina, he shall choose his deputy out of the heirs apparent of 
any of the Pro]>rietors, if any such be there ; and if there be no heir appa- 
rent of any of the I^ords Proprietors, abo\'e one and twenty years old in 
Carolina, then he shall choose for deputy, any one of the Landgraves of the 
grand council; till he have by deputation under hand and seal chosen 
any one of the fore-mentioned heirs apparent, or Landgraves, to be his 
deputy, the eldest man of the Landgraves, and for want of a Landgrave, 
the eldest man of the Casitjues, who shall be personally in Carolina, 
shall of course be his deputy. 

60th. Llach Proprietor's deputy, shall he always one of his six Coun- 
sellors respectively; and in case any of the I'roprietors hath not, in his 
absence out of Carolina, a deputy, commissioned under his hand and seal, 
the eldest nobleman of his court, shall of course be his deputy. 

()lst. in vvvvy c(junty, there shall be a court consisting of a sherifl', 
and four Justices of the county, for every precinct, one. The Sheriff 
shall be an inhabitant of the county, and have at least five hundred acres 
freehold within the said county ; and the justices shall be inhabitants, 



198 COLONIAL RECORDS. 



aud have each of them five hundred acres apiece freehold within the pre- 
cinct for which they serve respectively. These five shall be chosen from 
time to time and commissioned, by the Palatine's court. 

62d. For any personal causes exceeding the value of two hundred 
pounds sterling, or in title of land, or in any criminal cause, either party 
upon paying twenty pounds sterling to the Lords Proprietcjr's use, shall 
have liberty of appeal from the Comity Court, unto tlie respective Pro- 
prietor's Court. 

63d. In every precinct there shall be a court consisting of a Steward, 
and four Justices of the precinct, being inhabitants, and having three 
hundred acres of freehold within the said precinct, who shall judge all 
criminal crimes ; except for treason, murder, and any other olfenc&s pun- 
ishable with death, aud except all criminal causes of the nobility ; and 
shall judge also, all civil causes whatsoever; and in all personal actions 
not exceeding fifty pounds sterling without appeal ; but where the cause 
shall exceed that value, or concern a title of land, and in all criminal 
causes; there either party upon paying five pounds sterling, to the Lords 
Proprietor's use, shall have liberty of appeal to the county coui-t. 

64th. No cause shall he twice tried in any one court, upon any i-eason 
or pretence whatsoever. 

65th. For treason, muriler, aud all other offences punishable with 
death, there shall be a commission twice a year at least, granted unto one 
or more members of the grand council, or colleges, who shall come as 
itinerant Judges to the several counties, and with the Sheriff and four 
Justices, shall hold assizes, to judge all sucli causes ; but upon paying of 
fifty pounds sterling, to the Lords proprietors use, there shall be liberty 
of appeal to the respective Proprietors court. 

66th. The Grand Jury at the several assizes, shall upon their oaths 
and under their hands and seals, deliver into their itinerant Judges, a 
presentment of such grievances, misdemeanours, exigencies, or defects, 
which they think necessary for the public good of the country ; which 
presentments shall by the itinerant Judges, at the end of their circuit, be 
delivered in to the grand council, at their next sitting. And whatsoever 
therein concerns the execution of laws, already made, the several Pro- 
prietor's courts, in the matters belonging to each of tliem ivspectively, 
shall take cognisance of it, and give such ordei" about it, as shall be ef- 
fectual for tlie due execution of the laws. But whatever concerns the 
making of any new law, shall be referred to the several respective courts, 
to which that matter belongs, and be by them prepared and brought to 
the o-raud council. 



COLONIAL RPXORDS. 



67th. For terms, thore shall he ((uarterly, such a certain iiuinher (if 
(lays, not exeeedinij; one and twenty at any one time, as the several re- 
spective courts shall appoint. The time for the beginning of the term 
in the Precinct court shall be the first Monday in Jannarv, April, Julv 
and October, in the County court, the first Mondav in February, Mav, 
Augastand November; and in the Proprietor's courts, the first Mondav 
in March, June, September and December. 

68tli. In the Precinct court, no man shall be a Jiu'vman, under iiftv 
acres of freehold. In the County court, or at the assizes, no man shall 
be a grand juryman, under three hundred aeres of freehold; and no man 
shall be a petty juryman, under two hundred acres of freehold. In the 
Proprietor's courts, no man shall be a juryman, under five hundred acres 
of freehold. 

69th. Every jury shall consist of twelve men ; and it shall not be 
necessary they should all agree, but the verdict shall be according to the 
consent of the majority. 

70tli. It shall be a base and vile thing, to plead for money or reward ; 
nor shall any one, (except he be a near kinsman, nor farther ott' than 
cousin german to the party concerned) be permitted to plead another man's 
cause, till befin-e the jndge, in open court, he hath taken an oatli that he 
doth not plead for money or reward, nor hath, nor will receive, nor 
directly, nor indirectly, bargained with the party whose cause he is going 
to plead, for money, or any other reward for pleading his cause. 

71st. There shall be a Parliament consisting of the Proprietors, or 
their deputies, the Landgraves and Casiques, and one freeholder out of 
every precinct, to be chosen by the freeholders of the said precinct re- 
spectively. They shall sit all together in one room, and have, everv 
member, one vote. 

72d. No mau shall be ch(jsen a member of Parliament, who has less 
than five hundred acres of freehold within the precinct for which he is 
chosen, nor shall any have a vote in choosing the said mendx'r, that hath 
less than fifty acres of freehold within the said precinct. 

l'^(\. A new Parliajuent sliall be assembled the first Montlay of the 
moiitli i>i' November, every second year, and shall meet and sit in the 
town they last sat in, without any summons, unless bv the Palatine's 
court they be sunnuoned to meet at any other place. And if there sliall 
be any occasion of a parliament in these intervals, it shall l)e in the power 
of the Palatine's court, to asseinl)le them in forty days' notice, and at such 
time and place as the said court shall think fit; and the I'alatine's court 
shall have jwwer to dissolve the sai<l Parliament, when they shall 
think fit. 



200 COLON I AT. RECORDS. 



74th. At the opening of every Parliament, the first thing that shall be 
done, shall be the reading of these Fundamental Constitutions, which the 
Palatine and Proprietors, and the rest of the members then present, shall 
subscribe. Nor shall any person whatsoever, sit or vote in the Parlia- 
ment, till he hatli that session subscribed these Fundamental Constitu- 
tions, in a book kept for that purpose, by the clerk of the parliament. 

75th. In order to the due election of members, for the biennial Parli- 
ament, it shall l)e lawful for the freeholders of the respective precincts to 
meet tlie first Tuesday in Sejitember, every two years, in the same town 
or place that they last met in, to choose ^iarliament men, and there choose 
those members that are to sit the next November following ; unless the 
steward of the precinct shall by sufficient notice, thirty days before, ap- 
point some other place for their meeting in order to the election. 

76th. No act or order of Parliament shall be of any force, unless it be 
ratified in open parliament during the same session, by the Palatine or 
his deputy, and three more of the Lords Proprietors or their deputies; 
and then not to continue longer in force, but until the next biennial Par- 
liament, unless in the meantime it be ratified under the hands and seals 
of the Palatine himself, and three more of the Lords Proprietors, them- 
selves, and by their order published at the next biennial Parliament. 

77th. Any Proprietor or his deputy may enter his protestation against 
any act of the Parliament, before the Palatine or his dejiuty's consent be 
given as aforesaid; if he shall conceive the said act to be contrary to this 
establishment, or any of these Fundamental Constitutions of the Govern- 
ment. And in such case, afler fidl and free debate, the several estates 
shall retire into four several chambers, the Palatine and Proprietors intft 
one; the Landgraves into another; the Casiques into another; and those 
chosen by the Precincts into a fourth; and if the major part of any of the 
four estates shall vote that the law is not agreeable to this establishment, 
and these Fundamental Constitutions of the Government, then it shall 
pass no farther, but be as if it had never been proposed. 

78th. The quorum of the Parliament shall be one half of those who 
are members, and capable of sitting in the house, that present session of 
Parliament. The quorum of each of the Chambers of Parliament, shall 
be one half of the members of that chamber. 

79th. To avoid multiplicity of laws, which by degrees always change 
the right foundations of the original government, all acts of Parliament 
whatsoever, in whatsoever form passed or enacted, shall at the end of a 
hundred years afler their enacting, respectively cease, and determine of 
themselves, and without any repeal, become null and void, as if no such 
acts or laws had ever been made. 



COLONIAL EECORDS. 201 



80th. Since multiplicity of comments, as well as of laws, liave great 
inconveniences, and serve only to obscui'e and perplex ; all manner of 
comments and expositions, on any part of these Fundamental Constitu- 
tions, or on any part of the common or statute hiAvs of Carolina, are 
absolutely prohibited. 

81st. There shall be a registry in every precinct, wherein shall be en- 
rolled all deeds, leases, judgments, moiigages, and other conveyances, 
which may concern any of the lands within the said precinct; and all such 
conveyances, not so entei'ed and registered, shall not be of force against 
any person or party to the said contract or conveyance. 

82d. Xo man shall be Register of any precinct, Avho hath not at least 
three hundred acres of freehold within the said precinct. 

83d. The freeholders of every precinct shall nominate three men, out 
of which three, the Chief Justice's Court shall choose and commission 
one to be Register of the said precinct, whilst he shall well behave him- 
self 

84th. There shall be a Registry in every Signiory, Barony and Col- 
ony, wherein shall be recorded all the births, marriages and deaths that 
shall happen within the respective Signiories, Baronies and Colonies. 

85th. No man shall be Register of a Colony that liath not above fifty 
acres of freehold within the said colony. 

8Gth. The time of every one's age, tliat is Ix.irn in Carolina, shall be 
reckoned from the day that his birth is entered in the registry, and not 
before. 

87th. No marriage shall be lawful, whate^•el• contract and ceremony 
they have used, till both the parties mutuall}' own it, before the Register of 
the place where they were married, and he register it, with the names of 
the father and m(.)ther of each party. 

88th. No man shall administer to the goods, (jr have a right to them, 
or enter upon the estate of any person deceased, till his death be regis- 
tered in the respective registry. 

89th. He that does not enter in the respective registry, the birth or 
death of any person that is born, or dies, in his house or ground, shall 
pay to the said Register one shilling per week for each such neglect, 
reckoning from the time of eacli birth, or death respectively, to the time 
of entering it in the register. 

90th. In like manner, the births, marriages, and deaths of the Lords 
Proprietors, Landgraves and Casiques, shall be registered in the Cham- 
berlain's Court. 



22 



202 COLONIAL RECORDS. 



91.st. There shall be in every colony, one Constable, to be chosen an- 
nually by the freeholders of the colony. His estate sliall be above a 
hundred acres of freehold within the said colony, and such subordinate 
officers appointed for his assistance, as the county court shall find requi- 
site, and shall be established by the said county court. The election of 
the subordinate annual officers, shall be also in the freeholders of tlie 
colony. 

92d. All towns incorporate, shall be governed by a Mayor, twelve 
Aldermen, and twentyfour of the common Council. The said common 
council shall be chosen by the present householders of the said town ; 
the Aldermen shall be chosen out of the common council, and the mayor 
out of the aldermen, by the palatine's court. 

93d. It being of great consequence to the plantation, that port towns 
should be built and preserved ; therefore whosoever shall lade or unlade 
any commodity at any other place but a port town, shall forfeit to the 
Lords proprietors, for each tun, so laden or unladen, the sum of ten 
pounds sterling; except only such goods as the palatine's court shall 
license to be laden or unladen elsewhere. 

94th. The first port town upon every river, shall be in a colony, and 
be a port town forever. 

9oth. No man shall be permitted to be a freeman of Carolina, or to 
have any estate or habitation within it, that doth not acknowledge a God, 
and that God is publicly and solemnly to be worshiped. 

96th. (As the country comes to be sufficiently jilanted, and distributed 
into fit divisions, it shall lielong to the parliament to take care for the 
building of churches and the public maintenance of divines, to be em- 
ployed in the exercise of religion, according to the church of England ; 
which being the only true and orthodox, and the national religion of all 
the king's dominions, is so also of Carolina, and therefore it alone shall 
be allowed to receive public maintenance by grant of parliament.) 

97th. But since the natives of that place, who will be concerned in our 
plantation, are utterly strangers to Christianity, whose idolatry, ignorance 
or mistake, gives us no right to expel oi' use them ill ; and those who remove 
from other parts to plant there, will unavoidably be of different opinions, 
concerning matters of religion, the liberty whereof tlu'v will expect to have 
allowed tliem, and it will not be reasonable for us on this account to keep 
them out; tliat civil peace may be obtained amidst diversity of opinions, 
and our agreement and compact with all men, may l)e duly and faithfully 
observed, the violation whereof, upon what pretence soever, cannot be 
without great offence to Almighty God, and great scandal to the true re- 



COLONIAL RECORDS. 203 



ligion which we profess ; and also that Jews, Heathens and other dissent- 
ers from the purity of the Christian religion, may not be scared and kept 
at a distance from it, but by having an opportunity of acquainting them- 
selves with the truth and reasonableness of its doctrines, and the peacea- 
bleness and inoff'ensiveness of its professors, may by good usage and per- 
suasion, and all those convincing methods of gentleness and meekness, suit- 
able to the rules and design of the gospel, be won over to embrace, and 
unfeignedly receive the truth ; therefore any seven or more persons agree- 
ing in any religion, shall constitute a church or profession, to which they 
shall give some name, to distinguish it from others. 

98th. The terms of admittance and communion with any church or 
profession shall be written in a book, and therein be subscribed by all the 
members of the said church or profession ; which book shall be kept by 
the public Register of the Precinct wherein they reside. 

99th. The time of every one's subscription and admittance, shall be 
dated in the said book or religious record. 

100th. In the terms of communion of every church or profession, 
these following shall be three, without which no agreement or assembly 
of men, upon pretence of religion, shall be accounted a church or profes- 
sion within these rules. 

1st. "That there is a God." 

2d. "That God is publickly to be worshipped." 

3d. " That it is lawful and the duty of every man, being thereunto 
called by those that govern, to bear witness to truth ; and that every 
church or profession shall in their terms of communion, set down the 
eternal way whereby they witness a truth as in the presence of God, 
whether it be by laying hands on or kissing the bible, as in the church 
of England, or by holding up the hand, or any other sensible way." 

101st. No person above seventeen years of age, shall have any benefit 
or protection of the law, or be capable of any place of profit or honor, 
who is not a member of some church or profession, having his name 
recorded in some one, and but one religious record, at once. 

102d. No person of any other church or profession shall disturb or 
molest any religious assembly. 

103d. No person whatsoever, shall speak any thing in their religious 
assembly irreverently or seditiously of the government or governors, or 
of state matters. 

104th. Any person subscribing the terras of communion, in the record 
of the said church or profession, before the precinct register and any five 
members of the said church or profession, shall be thereby made a mem- 
ber of the said church or profession. 



204 COLONIAL RECORDS. 



105tli. Any person, striking his own name out of any religious record, 
or his name being struck out by any officer tliereunto authorized by such 
church or profession resjjectively, sliall cease to be a member of that church 
or profession. 

106th. No man shall use any rejiroachful, reviling, or abusive language 
against any religion of any church or profession; that being the certain 
way of disturbing the peace, and of hindering the conversion of any to 
the truth, by engaging them in quarrels and animosities, to the hatred of 
the professors and tliat profession which otherwise they might be brought 
to assent to. 

107th. Since charity ol)liges us to wish well to the souls of all men, 
and religion ought to alter notliing in any man's civil estate or right, it 
shall be lawful for slaves as well as others, to enter themselves and be of 
what church or profession any of them shall think best, and thereof be 
as fully members as any freeman. But yet no slave shall hereby be ex- 
empted from that civil dominion his master hath over him, but be in all 
things in the same state and condition he was in before. 

108th. Assemblies ujjon Avhat pretence soever of religion, not observ- 
ing and performing the above said rules, shall not be esteemed as churches, 
but unlawful meetings, and be punished as other riots. 

109th. No person whatsoever shall disturb, molest, or persecute another, 
for his speculative opinions in religion, or his way of worship. 

110th. Every freeman of Carolina, shall have absolute power and 
authority over his negro slaves, of what opinion or religion soever. 

111th. No cause, whether civil or criminal, of any freeman, sliall be 
tried in any court of judicature, without a jury of his peers. 

112th. No person whatever, shall hold or claim any land in Carolina, 
by purchase or gift, or otherwise, from the natives or any other whatso- 
ever; but merely from and under the Lords Proprietors, upon pain of 
forfeiture of all his estate, moveable or immoveable, and perpetual ban- 
ishment. 

113th. Whosoever shall possess any freehold in Carolina, upon what 
title or grant soever, shall at the farthest, from and after the year one 
thousand six liundred and eighty nine, pay yearly unto the Lords Pro- 
prietors, for each acre of land, English measure, as much fine silver as is 
at this present time in one English penny, or the value thereof, to be as 
a chief rent and acknowledgement to the I^ords Proprietors, their heirs 
and successors forever. And it shall be lawful for the palatine's court, 
by their officers, at any time, to take a new survey of any man's land, 
not to oust him of an-s' j>art of his possession, but that by such a survey, 



COLONIAL RECORDS. 205 



the just number of acres he possesseth may be known, and the rent there- 
on due, may be paid by him. 

114th. All wrecks, mines, minerals, ipuirries of gems and precious 
stones, with pearl fishing, whale fishing, and one half of all ambergris, 
by whomst)ever found, shall wholly belong to the Lords Proprietors. 

115th. All revenues and profits, belonging to the Lords Proprietors, 
in common, shall be divided into ten parts, whereof the palatine shall 
have three, and each proprietor one ; but if the palatine shall govern by 
a deputy, the deputy shall have one of those three tenths, and the pala- 
tine the other two tenths. 

llGtli. All inhal:)itants and freemen of Carolina, above seventeen years 
of age, and under sixty, shall Ijc lx)und to bear arms, and serve as sol- 
diers whenever the grand council shall find it necessary. 

117th. A true copy of these Fundamental constitutions shall be kept 
in a great book, by the register of every precinct, to be subscribed before 
the said register. Nor shall any person of what degree or condition so- 
ever, above seventeen years old, have any estate or possession in Caro- 
lina, or ]jrotection or benefit of the law there, who hath not, before a pre- 
cinct register, subscribed tliese fundamental constitutions in this form : 

" I, A. B., do promise to bear faith, and true allegiance, to our sov- 
ereign Lord King Charles the second, his heirs and successors, and will 
be true and faithful to the Palatine and Lords Proprietors of Carolina, 
their heirs and successors; and with my utmost power, will defend them 
and maintain the government, according to this establishment in these 
fundamental Constitutions." 

118th. Whatsoever alien shall in this form, before any precinct 
Register, subscribe these fundamental constitutions, shall 'be thereby 
naturalized. ' 

119th. In the same manner shall every person, at his admittance into 
any office, subscribe these fundamental constitutions. 

120th. These fundamental constitutions, in number a hundred and 
twenty, and every part thereof, shall be and remain, the sacred and unal- 
terable form and rule of government of Carolina for-ever. Witness our 
hands and seals the first day of March, 1669. 



RULES OF PRECEDENCY. 

1st. The Ijords Proprietors; the eldest in age first, and so in order. 
2d. The eldest sons of the Lords Proprietors ; the eldest in age first, 
and so in order. , 



206 COLONIAL RECORDS. 



3d. The Landgraves of the grand council, he that hath been longest of 
the grand council first, and so in order. 

4th. The Casiques of the grand council ; he that hath been longest of 
the grand council first, and so in order. 

5th. The seven Commoners of the grand council, that have been long- 
est of the grand council ; he that hath been longest of the grand council 
fii'st, and so in order. 

6th. The younger sons of the Proprietors; the eldest first, and so in 
order. 

7th. The Landgraves ; the eldest in age first, and so in order. 

8th. The seven Commoners, who next to those before mentioned have 
been longest of the grand council; he that hath been longest of the grand 
council first, and so in order. 

9th. The Casiques ; the eldest in age first, and so in order. 

10th. Tlie seven remaining Commoners of the grand council ; he that 
hath been longest of the grand council first, and so in order. 

11th. The male line of the Proprietors. 

The rest shall be determined bv the Chamberlain's Court. 



[B. P. E. O. Shaftesbury Papers. Bdle 48. No. 34.] 

F. O'SULLIVAN TO L" ASHLEY. 10'" SEPT^ 1670. 

Right hono"* 

I writt a ^ticuler Account oi' all things to yo"' lordsp by the Carolina 
by the way of Virginie I am doubtfull whether or noe they are come to 
yo'' hands, for feare of w"" I have now made bold to trouble yo"" bono'' w"" 
these lynes y' you may understand in w' condicon we are in 

The cnntry proves good beyond expectacon aboundin in all things, 
as good Oake Ash Deare turkies partridges rabbitts turtle and fish, the 
land produceth anything that is putt into itt, for we have tryed itt w'" 
Corne Cotton and tobacco and other provisions w""" proves very well the 
lateness of the season considered, the Cnntry is stored w"* severall pleasant 
fruits, as peaches strawberry es and other sorts, wee are setled att Haaway 
nere 20 leagues to the Norward of port Royall itt not prouveinge Accord- 



COLONIAL RECORDS. 207 



inge to report, \ve build our towne upou a poiute of land called Albemarle 
pointe .seated upon the River y' leades in from the sea called by u,s Ashley 
River where we are afortifieing ourselves. I have made generall dis- 
coveries into the Cuntry and lind itt very good and many pleasant Riv- 
ers. I cannot give a better Ciiracter of itt then itt deserves. We hum- 
bly thanke yo"" bono" y' care in orderinge us provissions att virginie the 
shipp returned to us in good tyme for all our provissions was gone soe 
y' wee were forst to live upon the Indeans who are veiy kinde to us, we 
hope yo' bono"' will continew yo' care over us till we are in a condicon to 
helpe ourselves, our ship is now up on her de2:)arture for Barbadoes, from 
whence we expect more people and fresh supplies. Wee expect from yo'' 
bono" a shipp from England w*'' more people, you wold doe well to grant 
free passage to passengers for some small tyme for many would be will- 
ing to come y' are not able to pay their passage, pray send us a minister 
quallified according to the Church of England and an able Councellor to 
end controversies amongst us, and putt us into the right way of the man- 

agemen' of yo'' Coll we hope now the worst is past if you please to 

stand l)y us you please to send yo'' instructions that the land may be laid 
out to the people as itt lyes y' the badd and good may goe together and 
by y* meanes the people will not inhabit att a distance and itt will prove 
more benticiall to yo" liono" 

In my last I informed yo'' bono'' y' the sloope we took w"' us from 
Barbadoes looseing us att sea fell into one of the spannish beys called 
Sancta Katherina where the master and mate M"^ Rivers w"" severall 
others goeinge ashore was taken l)y the Spanyai'ds and sent prisoners to 
S' Augustens where they still remane and wold have intercepted the 
sloope but she escaped, we sent letters one to the Fryer where they were 
taken the other to the Governo"^ of S* Augustens to demand them but 
they denied us and gott two more of our men they offered them noe In- 
jurie but intended to wood and water and soe depart pray yo'' bono'' to 
take some care for the reliefe our men. 

I question not but that you are senceable tiuit .T((hn Yeomans left us 
att Barmudoes where we tt)oke one Coll sayle for our (iovern'' I pro- 
cured ther 20£ Creditt in provissions which assisted the people very 
much, I made bold to ciiarge itt upon y'' bono'' to be paid to Cap: Jo: 
Dorrall there or his Order I am son'v to give y"" lordsp an Acount of the 
loss of the port Royall upon tlie Boliama Islands all being lost I:)ut the 



208 COLONIAL EECORDS. 



master and two or three more soe beggin yo'' hono" Excuse I humbly 
desire yo'' Answer \v°^ will be very Acceptable to 

Yo' faith full servant 

FLOR : O SULLIVAN 



Albemarle point 
Sep: y^ 10. 1670. 



(Endorsed) 
O. SULLIVANT 

to 
L^ ASHLEY 

10 Sept. 70 



[B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 33.] 



H. WOODARD TO SIR JOHN YEAMANS. 10 SEPT. 1670. 

Albymari.e Pointe in Chyanhaw Sept. 10. 1670. 

R' Hon'"^ S-^ 

1 could not soe well have pleaded my excuse & tardinesse in not given 
v' Hon'' a particular relation by y*" way of Virginia, & Barmudoes of our 
proceedings, t^- transactions, since y'' Hon'" departure for y' Barbadoes tt 
our settinge forward for y* Maiiie It being my fortune to bee gone uppon 
v^ discovery of Chufytachygs y' fruitfull Provence where y* Empei-' re- 
sides, in v' same juncture of time, when y^ s** Vessells set sayle from our 
Port of Chyanhaw whereuppon at my returne from Chuf)i;achygs I 
understood v' INP Jones had satisfied y'' Hon"' in those particulars as for 
mv aforesaid joui'nie I have discovered a Country soe delitious, pleasant 
and fruitfull, v' were it cultivated 'doubtless it would prove a second 
Paradize It lyes West & by Northe neerest from us. 14 days travell 
after y' Indian manner of marchinge. I there contracted a leauge w"' 
V* Emp"^ et all th<;)se Petty Cassekas bet^\■ixt us & them soe y' some few 
weeks after niNM'eturne y* Carolina being longe in her dispatch from Vir- 
ginia our Provision fades us & had not myne w'*' M' Jones diligence w"" 
some few others releved y' Gen" wants by \vhat Provisions wee procured 
of the natives it had gone very hard w"" us in which scursec}i:ie of Pro- 
vision wee receeved an Allarum from y' South^-ard by y' Indians of S' 
Helens y'' Spanish Vessells & 30 Perryangors of Spaniards & Indians 
intendinge to worke us what mischiefe they could (and as I conceive they 
haveing intelligence of our expectations of a Supply in the Carolina) 



COLONIAL RECORDS. 209 



awaited at Sea to trapane our Shipp y' soe depriving us of our Supply 
and blockin us up our necessitys increasing wee consequently must have 
surrendered: for w"' intent ther Perryangors lay 10 leagues distance from 
us at the mouth of Stonowe River & there shii)ps of at Sea. Yet it 
pleased God your Ship arrived safe to us w"' a mast, convenient Supply 
ye Enimy not being removed, & yet being sensible thereof, theire Indians 
being terrified at y^ scaleing of some of our Great Guns And y* Spaniard 
as wee sujjpose being frustrated of his expectation of starveing us, cow- 
ardly retreated to S' Augustines never attempting any thinge against us 
soe y' at pr" we have noe other news but y' he hath threatened to destroy 
y* Indians of S' Helens of Curabohee & of Edistare y' are our freinds. 

Thus as to the estate of our Gen" aifaires As to our familv necessity I 
suppose M"" Jones hath made y'" hon'' fully acquainted as to my particularre 
wants I am more beholden to )'' Hon"" Agent here then any thinge from 
y^ Publicke, although I must confesse they have made hon*"'" recomenda- 
tions of mee in there Gen" letters. I shall endeavour by y^ next to send 
y"" lion"" some of our American raritys our troubles at pres' not permit- 
tinge mee y* vacancy as to travel y" Country. It being most of my 
business to await in towne & to give an account of what relations the na- 
tives bring us either from y' Southward or y" Northward soe y' least I 
might seeme to prolixe I rest my respective service presented to y"^ 
Hon' not forgetting my respects to M'"" Mavel Carter & the rest of y'' 
Hon*"'^ family & relations 

I rest y'' Hon'" most obliged servant 

HENRY WOODWARD. 

To y" Right Honorable Sir Jno Yeomans Knt Baron' 

Barbadoes 



1671. 

[B. P. R. O. Shaftesbury Papers. Section IX. Hole 48. No. 55. p. 94.] 

LORD ASHLEY TO SIR JOHN YEA MANS 18 SEPTEM- 
BER 167L 

S' 

I am very glad to hear that you arc at Carolina, wee shall expect good 
successe to our new settlement w" it shall be countenanced & conducted by 
so judiciouse & worthy a person We have therefore sent you a Commis- 
23 



210 COLONIAL RECORDS. 



sion for Governor & do rely upon you that you will be both industriouse 
and firme to U8 in y^ settling y'^ Government wee have established * * * 
S"" I desire to heare as often as you can from you as being very much re- 
solved to be S'' 

y verv affection** F"* & Servant 

ASHLEY 
London 7ber 18*" 71. 



[B. P. R. O. Shaftesbury Papers. Section IX. Bdle 48. No. 55. p. 100.] 



LORD ASHLEY TO SIR JOHN YEAMANS 15 DECEM- 
BER 1671. 

S' Exeter House 15 Dec 71 

I hope err this yt)u have received y" Commission wee sent you to bee 
Governor by y* way of Bermudos & that you will in pursuance of our 
Constitucons & Instruccons endeavour to acc(jmodate things there to y° 
advantage & settlement of y° Plantacon, one maine point whereof is y° 
setling downe togeather in Townes. We have in favor of y* first Plan- 
ters altered our ininde about ye" Port Towne on y" River Ashley as you 
will finde by our generall letter * * * I looke upon you as my friend & 
therefore expect you should beare plaine dealing from me in private w"" is 
this that though wee had resolved to make you Governor yett you were 
making y"" selfe by y" people a little too quicke I begge that you would 
trust me when I assure you y' a man of y"' abilitys doth not need nor will 
finde any other way successfull but y' direct one of serving us & endeav- 
ouring y* good of y^ Plantacon 

I am glad to heare soe many considerable men come from y* Barbados 
for wee finde by deare experience y' noe other are able to make a Plan- 
tacon but such as are in condition to stock & furnish themselves y" rest 
.serve only to fill up numbers & live upon us <& therefor now we have a 
competent number untill we are better stocked with provisions I am not 
very fond of more company unless they be substantiall men. * * * 
I am S"^ Your very humble Serv' 

ASHLEY. 
15 Dec. 71. 



COLONIAL RECORDS. 211 



[B. P. R. O. Shaftesbury Papers. Section IX. Bundle. 48. No. 55. p. 105.] 



LORD ASHLEY TO JOSEPH WEST 16 DECEMBER 1671. 

Exeter House 16 Dec 71 
M^' West 

Yo" letters I have received and am abundantly satislyed in all that I 
doubted of before vv"'' I had not done had you sooner given us an account 
of y' management of our affaires there Wherein I tinde you have been a 
very honest man to us. 

You ought not to be dissatistyed to finde another man made Governor 
it was noe personall dislike or disrespect of you that occasioned it but the 
nature of our Governm' w'*' required that a Landgrave should be pre- 
ferr'd to any Commoner soe tliat any body else as well as you must have 
given place to Sir John Yeamans but as our opinion of your discretion 
vigilancy & fidelity is not hereby at all lessened soe I am confident nei- 
ther will y^ care and concernm' for our publique or j^rivate affairs there 
slacken in y' least I look upon you as one who doc in earnest minde y* 
interest & prosperity of oui- Settlem' wherein you will be sure to meete 
w"' my kindnesse & such encouragem'* from mee as will assui-e you y' 
1 am 

Your very affectionate F** 

ASHLEY 



[B. P. R. O. Colonial Entry Book. Vol. 20. p. 77.] 



COMMISSION FOR SURVEYOR GENERAL 30 DEC. 1671. 

Lord John Berkeley Palatin of Carolina and the rest of tlie Lords 
Proprietors of Carolina. 
To our Trusty and welbeloved John Culpejjer gent : {greeting 

Be it knowne unto all men that we the Lords and absolute Proprietors 
of Carolina for divers good causes & consideracons, but moi-e especially 
out of the trust & confidence reposed in the said John Culpeper for the 
faithfull and skilfull management of the Office of Survevor Gen- 
erall of all that territory or part of our Province of Carolina which Ives 
to the Southward and Westward of Cape Carteret witii full power and 



212 COLONIAf. RECORDS. 



authurity to avt uiul tlue all those things, which hy our FuiKlauiental 
Constitutions Temporary laws, or Instructions, our Surveyor generall 
niav or ought to doe. In witness whereof we have hereunto set our 
haud^ and seals this 30 Day of Dec: 1071. 

CRAVEN 

ASHLEY 

G. CARTERET 

P. COLLETON 



1672. 

[B. P. R. O. Shaftesbury Papers. Section IX. Bdle. 48. No. 89.] 



EARL OF SHAFTESBURY TO SIR JOHN YEAMANS 
20 JUNE 1672. 

ExET'- House 20'" June 1672. 

By the last ace' that came hither from Carolina, I find y' you were not 
received there with such (iener" Satisfaction nor so lorwardly admitted 
to the Governm' we intended yi^u, as perhaps \\'as Imagined. I am 
sorry to find any Differences at all among you, the Causes whereof I 
shall not inquire into. But shall advise you as my friend not to make 
use of the Governm' we have put into y"" Hands, to Revenge yourself on 
any who have spoke theire apprehentions w"' that ffreedom, which must 
be allowd, men in a Country wherein they are not designed to be op- 
press'd and where they may Justly expect equall Justice & protection. 

I have too great a value for your condition and Ability not to desire 
continuance of a right understanding between us ; and therefin'e I must 
take the Liberty, to dealc fi'rcely w"" you in a Matter wherein we are both 
concerned, and tell you jilainly that I cannot avoid thinking that the 
Suspitions of those men who have express'd some feare of y'' Managem' 
of y* Government, had some ground; Since your too forward Grasping 
at the Governm' when you came fir.st thither, and your endeavours since 
to diminish the Autliority of o" jiai'ticular Deputys who are our repre- 
sentatives and invested thcrt', with all our Power, hatii given us even at this 
distance some umbrage, 'Tis in youi- j)ower to sett all right, I Know 
you have Dexterity enough to do it. You are now upon foundaticms of 
a larger extent then are usual!, and perhaps then in other places you have 



COLONIAL KECOiiDtS. 213 



met with, and if you will l)ut rtuitc tlic Mannaj'-eui'' of your Gouveruni' 
to them, and Direct it ^^^loly to the impartial! prosperity of the Wlxile 
Plantation and all the Planters in it, yon will remove the jealousies 
MJiich I must tell you some of the i'lantatiou have conceived of you, you 
will oblige the L**' Propriet'' and reap all those advantages which are sure 
to attend him who is the greatest and most considerai)le man in a thriv- 
ing Plantation, and who iiath contrihuted much to the aclvancem' thereof. 

For my own part, I assure you tliat having set my mind on carrying 
on this Plantation and engaged my word that the people shall live safe 
there under the Protection of a faire and equall Govermn' upon Confi- 
dence whereof most of the Planters have come thither. 1 shall think 
myself extreemly injured hy any one who shall put such an affront on 
me, as to make those who trusted me, be deceived, and I am resolved at 
any rate rigourously to require Satisfaction of any one who by any un- 
due proceedings shall discompose the (juiet of this Settlement. On the 
other side I shall be as ready to acknowledge to any one whatever kind- 
ness they shall doe or assistance they shall give to this plantation. I the 
more frankly make this declaration to yon S" John because yon have 
already contributed much, and are like to doe more to the growth, and 
increase of this Plate" where you have a considerable and growing inter- 
est, which ought to make you ha\'e y' same concernm' for it that I have. 

I return you my thanks for the fforward inclination you have shewne 
to Carolina, and tell you jiiore over that you have it in your hand by 
endeavouring the Publick good of it to make me your friend as much 
and as long as you please, I am 

Your verv affectionate Friend 

SHAFFTESBURY. 
To S"" John Yeamans. 



[B. P. R. O. Shaftesbury Papers. Section IX. Bundle 48. p. 112.] 

EAPvL OF SHAFTESBURY TO JOS. WEST & THE REST 
OF THE (X)UXCIL 20 JUNE 1(572 

« 

To ]\P West & y" rest of y' Conncell 

EXETKR Hoi'SE TFII.S 20"' Juuc 1672 

Yo'' late mannagement of y" affaires of y" Plantation have binn w"' soe 

much prudence that T cannot but returne you my ])articuler thanks & tell 

yo" that whilst vo" continue to be careful of y" common good of y" place 

w'''' is vo'' owne interest vo" shall alwaves have me readv to countenance 



214 COLONIAL RECORDS. 



& assist yo" in it & to study y* good of those men who shall endeavour 
to signalize themselves that way. To keep to y^ rules of o' establishment 
it hath biun necessary for us to take y^ government out of M"' West's 
hands in w"'' it hath thriven very well to put it into that only Landgraves 
w"** is upon the place But I am very sorry to Unde that S' John Yea- 
mans is not a man soe acceptable to y*" whole plantation as I could wish 
I know how hard it is for jealousys to be removed & factions united 
when once begunn though amongst men (as it often happens) otherwise 
discreet & worthy. That therefore this may not prejudice the affaires of 
c/ plantation & the animositys that may arise from hence disturb the quiet 
v,'"^ is necessary to an infant settlem' Wee shall endeavour to finde out as 
soone as we cann a man to be Governo' who besides other qualifications 
fit for that employment may alsoe have tliis necessary one of being indif- 
ferent to y' whole plantation disinterrested from all divisions in it & a 
man not suspected or disgusted by any of tlie Planters. This though I 
have a very great respect for S"' John & noe other exception to him I see 
will be unavoidable for us to doe to preserve that unity & good under- 
standing in y'^ Plantation tliat is necessary In y" meane time I recom- 
end it to yo'' care (wliose prudence & integrity Me already have had expe- 
rience of) to keepe unbiassed to those rules yo" will finde in o"' funda- 
mentall Constitutions Temporary Laws & instructions & perticulerly o' 
Deputyes are to remember that they represent o"' persons & therefore they 
ought not to deminish o'' right by makeing themselves but cyphers & sub- 
mitting too mucii to y*^ will of any Governo"' nay of 8'' Peter Colleton 
himselfe or any of y"^ Lds. Proprief' should come upon y" place o'' depu- 
tys ought to maintaine o' authority & share in y^ government according 
to y" fundamentall Constitucons w"'' wee have to that purpose put into 
their hands Haveing binn soe carefull to balance one anoth" power to 
prevent y'^ ingroseing it into any one hand that y^ Palatine himselfe & 
soe liis Deputy y^ Governo"' hath but his limitted proportion of it suited 
to y^ dispatch of affixires beyound w"*" we never intended nor are o"" Dep- 
utys to sufler it to extend This I am sure whilst yo" keep to those rules 
we have established the Plantation will thrive & every one in it if it be 
not his owne faidte be in a prosperous & safe condition. I recommend 
therefore yo'' owne good & interest to yo' owne care wherein I am sure to 
stand by yo" I very much applaud yo"' faire dealing w"* us in respect of 
o' stores & debt Tliis regard to o'' concernments will encourage us to 
take all manner of care of yo" I thiidvc myselfc particulerly obliged by 
it At am 

Yo'' very affectionate friend 

SHAFTESBURY 



COLONIAL RECORDS. 215 



EXTRACTS FROM THE JOURNAL OF WILLIAM 
EDMUNDSON UNDER THE YEARS 1671-72. 



[Keprinted feom the Friends' Library, Vol. II, p. 111.] 



"Afterwards, it being upon me, I travelled to Carolina, and two 
Friends accompanied me, it being all wilderness and no English inhabi- 
tants or path-ways, but some marked trees to guide people. The first 
day's journey we did pretty well, and lay that night in the woods, as we 
often used to do in those parts. The next day being wet weather we 
were sorely foiled in swamps and rivers, and one of the two who were 
with me for a guide, was at a stand to know which way the place lay we 
were to go to. I perceiving that he was at a loss, turned my mind to 
the Lord, and as he led me, I led the way. So we travelled in many 
difficulties until about sun-set ; then they told me they could travel no 
farther; for they both fainted, being weak-.spirited men. I bid them 
stay there, and kindle a fire, and I would ride a little farther, for I saw 
a bright horizon appear through the woods, which travellers take as a 
mark of some plantation. I rode on to it, and found it was only tall 
timber trees without underM-ood. But I perceived a small path, which 
I followed until it was very dark, and rained violently ; then I alighted 
and set my back to a tree, until the rain aliated. It being dark, and the 
woods thick, I walked all night between two trees; and though very 
weai'v, I durst not lie do\\'n on the ground, for my clothes were wet to 
my skin. I had eaten little or nothing that day, neither had I anything 
to refre.sh me but the Lord. In the morning I returned to seek my two 
companions, and found them lying by a great fire of wood. I told them 
how I had fared; and he that should have been the guide, would have 
})ersuaded n\e that we were gone ]iast the place where we intended ; but 
my mind drew to the path wiiich I had found the night before. So I 
led the way, and that path brought us to the ])lace where wc intended, viz : 
Henry Phillip's house by All)emarle river. 

" He and his wife had l)een convinced of the truth in New J]ngland, and 
came here to live; antl nt)t having seen a Friend for seven years before, 
they wept for joy to see us. It being on a first-day morning when 
we got there, although I was weaiy and faint and my clothes wet, I 
desired them to send to the people thereaway to come to a meeting about 
the middle of the day, and I would lie down upon a bed, and if I slept 



216 COLONIAL RECORDS. 



too long, that they shinild awake me. Now about tlie hour ai)i)(iinte(l 
many people eame, but they had little or no religion, for they came and 
.sat down in the meeting smoking tiieir pipes. In a little time the Lord's 
testimony arose in the authority of His power, and their hearts being 
reached by it, several of them were tendered and received the testimony. 
After meeting they desired me to stay with them, and let them have more 
meetings. 

"One Tems, a justice of the peace, and his wife were at the meeting, 
who received the truth with gladness, and desired to have the next meet- 
ing at their house, about three miles off, on the other side of the water; 
so we had a meeting there the next day, and a blessed time it was; for 
several were tendered \\'ith a sense of the power of God, received the 
truth and abode in it. 

"1672. I could stay no longer with them at that time, for ] had ap- 
pointed a man's meeting in Virginia, to be on the fifth-day of that week; 
things being much out of order among them. I therefore took my leave 
of them in the love of God, and began my journey on third-day morn- 
ing, with my two fellow travellers." 



EXTRACT FROM THE JOURNAL (JF GEORGE FOX FOR 
THE YEAR 1672. 

[Repriktkp from Pa(;ks 458 and 459 of the Edition Fubijsitep at F'riends' 
Book Store, Philadelphia.] 

"After tills, [cightli day of the ninth mouth] oiu' way to Carolina grew 
worse, being much of it ])!ashy, -mm] pretty full of great bogs and 
swamps; so that we were commonly wet to the knees, and lay abroad 
a-nigiits in the woods by a tire: saving one of the nights we got to a 
poor lion.se at Sommertown, and lay by the tire. The woman of the 
house had a seu.scof (tocI upon liei'. The rejxirt (tf our travel had reac-hed 
thither, and drawn some that lived beyond Sommertown to that house, 
in expectation to have seen and heard us; l)ut they mis-sed us. 

"Next day, the twenty-first of the ninth month, having travelled hard 
through the woods and over many bogs and swamps, we reached Bon- 
ner's Creek; there we lay that night by tlie tire-side, the woman lending 
us a mat to lie on. 

" This was the first hou.se we came to in Carolina : here we left oiu- 
horses, over-wearied with travel. From hence we went down the creek 



COLONIAL RECORDS. 21' 



in a cjuiot' to Macocoinoeock River, and caiiie to Hugii Smith's, where 
people of other professions eanie to see us (no Friends inhabiting- that 
part of the oonntry) and many of them received us gladly. Among 
others came Nathaniel Batts, who had been governor of Roan-oak. He 
went by the name of ca])tain Batts, and had been a rude, (les])erate man. 
He asked me about a wonian in Cuml)erlan(l, who, he said, he was told, 
had been healed by our [)rayers and laying on of hands, after she had 
been long sick, and given over by the physicians: he desired to know 
the certainty of it. I told him, we did not glory in such things, but 
many such things had been done l)v the power of ("iirist. 

" Not far from hence we had a meeting among the peo])le, and they were 
taken with the truth; blessed be the Lord! Then passing down the 
river Maratick in canoe, we went down the bay Counie-o:dv, to a cap- 
tain's, who was loving to us, and lent ns his boat, for we were much 
wetted in the canoe, the water flashing in upon us. \\'ith this boat we 
went to the governor's ; but the water in some places was so shallow, 
that the boat, being loaden, could not swim; so that we put off our shoes 
and stockings, and waded through the watei- a pretty way. The gov- 
ernor, with his wife, received ns lovingly; but a doctor there would 
needs dispute with ns. And truly his opposing n.s was of good service, 
giving occasion to the opening of man\ tilings to th<' jieople concerning 
the Light and Spirit of God, whicli lie denied to be in every one; and 
affirmed it was not in the Indians. W lierenjion I called an Lidian to 
us, and asked him, ' \\'hethei- or no, when he did lie, oi' do wrong to any 
one, there was not something in him, that did repro\-e him tor it?' He 
said 'There was such a thing in him that did so I'cpi-ove iiim ; and he 
was ashamed when he had done wrong, oi' spoken wrong.' So we shamed 
the doctor before the governor and people; insomuch that the poor man 
ran out so far that at length he woidd not own the Scriptures. We tar- 
ried at the governor's that night ; and next morning he very courteously 
walked with us himself about two miles through the woods, to a place 
whither he had sent our boat about to meet us. Taking leave of him, 
we entered our boat, and went al)out thirty miles to Joseph Scot's, one 
of the representatives of the country. There we liad a sound, ])recious 
meeting; the people were teiidei', and nuuji desired after meetings. 
Wherefore at a house aU>ut four miles I'nrther, we had another meeting; 
to which the governor's secretary came, who was chief secretary of the 
province, and had lieen formerly convinced. 

"I went from this place among the Indians, and spoke to them by an 
interpreter, shewing them, 'That God made all things in six days, and 
24 



218 COLONIAL RECORDS. 



made but one woman for one man ; and that God did drown the old worhl 
beeau.'^e of their wiekedness. Afterwards I spoke to tliem concerning 
Christ, shewing tliem, tliat he died for all men, for their sins, as well as 
for others ; and liad eidightened them as well as others; and that if they 
did that which was evil he wonld burn them ; but if they did well they 
should not be burned.' There was among them their young king and 
others of tljeir chief men, who seemed to receive kindly what I said to 
them. 

" Having visited the north part of Carolina, and made a little entrance 
for the truth among the people there, we began to return again towai*ds 
Virginia, having several meetings in our ^\'ay, wherein we had good ser- 
vice for the Lord, the people being generally tender and o]ien ; blessed 
be the Lord ! We lay one night at the secretary's, to which we had much 
ado to get ; for the water being shallow, we coidd not bring our boat to 
shore. But the secretary's wife, seeing our strait, came herself in a canoe, 
her husband being from home, and brought us to land. By next morn- 
ing our boat was sunk, and full of water; but we got her up, mended 
her, and went away in her that day about twenty-four miles, the water 
being rough, and the winds high : but the great power of God was seen, 
in carrying us safe in that rotten boat. In our return we had a very pre- 
cious meeting at Hugh Smith's; praised be the Lord forever! The peo- 
ple were very tender, and very good service we had amongst them. There 
was at this meeting an Indian captain, who was very loving; and ac- 
knowledged it to be truth that was spoken. There was also one of the 
Indian priests, whom they call Pauwa\\-, who sat soberly among the peo- 
ple. The ninth of the tenth month we got back to Bonner's Creek, 
where we had left our horses ; having spent about eighteen days in north 
of Carolina." 



1673. 

[B. P. R. O. Shaftesbury Papers. Bdle 48. No. 92.] 

ALBEMARLE. ACTS OF F SENT INCLOSED IN A 
LETTER OF NOV. 10. '73. 

Act the first to prevent intruding into just claimes of land. 
To prevent any prejudice wliicli may accrue to the Inhabitants oi' this 
County by the incroachiupe into the lands which other men have rights 



COLONIAL RECORDS. 219 



to hold the .saiiie by as sooiie as oonveiiieiu-y iimy serve to survey and 
patent the stime a<'cording- to the Lords instruetions, Be it therefore en- 
acted by the PaUatine and the rest of tiie Lords Proprietors to and with 
the advice and consent of the Grand Asseni!)ly that every inhabitant of 
this County shall be allowed the priviledge tv have the tii-st survey of the 
land he liveth on and layeth claime to adjoyninge to liini having rights 
to lay upon it sufficient to hold the same and the first Seater to have the 
priviledge of the first survey Provided he claime no more then he can 
make rights appeare fore Nor exceed their first knowne claime where 
with consent (for neighbourhood or otherwise) any People have seated 
downe together. 

Act 2""^ For encouragement of Owners of Vessels livinge in the 
Count}' 

Foi' encouragement of Owners of A'essells who are Inhabitants and 
traders in the County of Albemarle Be it Enacted by the Pallatine and 
the rest of the I^ords Proprietors by and with the advice and consent of 
the Grand Assembly. That all Persons whatsoever livinge in this County 
havelnge Vessells tradeinge to and from tlu' same shall pay but fifty 
pounds of tobacco for enteringe and clearinge such Vessells of what 
burthen soever if decked at eacli turnc he shall so enter and cleare. But 
those who trade in open boats of what content soever to pay nothinge 
but the certifieinge the authority of the place of their comeinge and 
goeinge 

Act the 3"^ To repeale a former Act 

Whereas the fifty fourth Act made by the Assembly Aprill the eigh- 
teenth 1672 prohibitinge rum to be sold at above twenty five pounds of 
Tobacco "^ gallon may prove prejuditiall to the Inhabitants of this 
County by retardeinge Merchants & dealers who with that commodities 
& others more benefitiall for the counties use may be hindi'ed & diverted 
from bringeinge the more benefitiall commodities because they are ])ro- 
liibited of makeinge their jirofit of their Rum aforsaid Be it therefore En- 
acted by the Pallatine & the rest of the Lords Prop'" by and with the 
advice & consent of y' Grand Assembly That the said fifty foui'th Act 
(concerneinge rum) be henceforth repealled Xull t% void. 

Act the fourth Concerninge Wild Cattle 

For prevention of uninterested persons in iiunting & killing wild or 
fiutlyinge Cattle on any neck of land within this C\)unty Be it therefore 
Enacted l)y the Pallatine and the rest of the Lords Pro])r'' by it with 



220 COLONIAL RECORDS. 



tlie advice & consent of the Grande Assembly That no person or persons 
whatsoever who can lay noe just clainie to any wild <jr outlyinge cattle 
on any neck of land in this County shall have any priviledge to hunt 
range for or kill any wild or (tutlyingc cattle on such land, nnlesse ini- 
powered hy such who have And l)c it further Enacted l)y the authority 
aforesaid, That it may and shall he lawfull for any person w'hatsoever to 
liunt for & kill wild t)r outlyinge Cattle on any neck of land where he 
hath such wild or outlyinge Cattle Provided he kill no more then he can 
probably lay clainie to, on such hind and iiaveinge killed such propor- 
tion as he hath probal)ly made appeare to belonge to him, then such per- 
son to desist And ibr the better knowledge of every man's particular 
clainie to sucii cattle It is further thought convenient That all those 
who claime any Title to wild Cattle on any Neck appoynt a meetinge 
amonge themselves to declare <t with all probabilitie possible make ap- 
peare to each other the cpiantitie they have out which beinge agreed on 
amongst themselves each interested person to kill giveinge an account 
justly what he killeth to the rest wiio have interest. 



1674. 

[B. P. R. O. Colonial Entry Book. Vol. 20. p. 93.] 

Whitehall 18"" May 1674. 
Wee have herewith sent a Patent to M' West to be Landgrave and a 
Coraission to be Governor who hath all along by his care, fidellity and 
prudence in the management of our affaires, to our generall satisfaction 
recommended himself to us as the fittest man there for this trust. This 
we cannot forl)are plainely to say though wee have a great Regard to 
Sir John Yeanians as a considerable man that hath come and .setled 
amongst us M'hen M' West had formerly the management of afaires, 
things were then puting into such a posture (as appears by the Act of 
l^arliament made att the latter end of his Government which we here- 
with send vou coutirmed) That wee had some encouragement to send 
suplies to men who took into their consideration how wee might be reim- 
l)ursed as well as thev could which was all wee expected but immediately 
with Sir Johns asumeing the Government the face of things alltered the first 
newes was of several 1 ])roposalls for the intTeaseing our charge, the same .still 
hath ever .since continued on, and in your verry last Despatches a Scheme 



COLONIAL RECORDS. 221 



sent to us of waves of suplyiiii>' youe wliicli woukl presently require tlie 
(lisl)nrsenient of severnll thousand pounds and all this without the least 
mention of any thought how wee niio-ht he rejiaid either our past debts 
which allready amounts to scverall thousand pounds or lie hetter an- 
swered for the future, lint instead thereof complaints made and re- 
proaches insiiuiated as if wee had dealt ill and unjustly M'ith you, be- 
cause wet' would not continue to i'vvt\ and cloath you on w itliout ex])ecta- 
tion or demand of any Retin'us this wee must let you know put a stop to 
your snpplys more than the I^utch Wan-, for wee thought it time to give 
of a charge which was like to have no end and the Country was not 
worth the haveing at that rate, for itt must be a bad sovle that would 
not mainetaine industrious peojde or we must be verry silly that would 
mainetaine the idle but wee have no suspition att all of the barrennesse 
or any other ill qualities of the Country which some of us are see well 
assured of that at theire own private charge they are going to setle a plan- 
tation at Edistow without expecting a tarthing assistanoe from us. That 
Sir John Yeamans management hath brought things to this pass wee are 
well Satisfied which yett wee cannot charge upon his mistake, the Charac- 
ter which wee have received of him and his long acquaintance with Bar- 
bados and the world gives us (3iu' thoughts of him and perhaps it would very 
well have Secured his purpose if wee had Snpplyed you and he reaped the 
profits of your laboin- att his own Rates and our own plantation See ordered 
that in Reputation people and Improvement itt might arive att noe other 
pitch then to be Subservient in "^visions and Timl/ t(j the Interest of 
Barbados. Consider at which Rates Sir John Ijought our poore planters 
provitions in theire necessity and how industrious and useful! to you 
the generallity of the people that came from Barbados have been and 
then tell us whether wee have not reason to be of this minde For wee 
would not have those who went from hence (whom wee are Still willing 
to encourage bee any longer mislead and the people that have come to 
you from New York and the Northward have by their planting and way 
t)f living amongst you fully Satisfied us that they ai'C Friends to and doe 
in earnest meane and desire the Settlement and prosperity of our Prov- 
ince, being therefore willing to give all reasonable incouragement to hon- 
est and industrious men we have sent another sujiply of Cloathes for 
ch»athes and tooles and have entered into engagement one to another to 
Send yearly to youe whereby our stores shall nevei' want necessaries for 
the use (if the industrious planters to be had att moderate Rates, by those 
that will pay for them, yett wee doe not intend any more carelessly to 
throw away our stock and charges upon the idle foi' though wee the 
Lords Proprietors have tyed one another by covenant that none Shall bee 



222 COLONIAL RECORDS. 



behinde others in the Charge of carrying on this plantation yett wee are 
all greed not to make any more desperate Debts amongst you though wee 
intend to be at charge in procureing vines olives or any other uset'ull 
plants or commodities iit for the Climate out of any part of the world 
and men Skilled in the management of them and therefore if you intend 
to have Suplyes for the future you will doe well to consider how you 
will pay us, in what comodities you can best do it and how the Trade of 
those Comodities you can best procure may bee soe managed as to turn 
to account for in our trade with you we ayme not att the profit of mer- 
chant but the incouragement of landlords In your letters you have been 
frequent in the mention of a Stock of Cattle, you say it will enable you 
to pay your Debts but do you not think if wee bring cattle thither wee 
who doe not want ground cannot keep them vt make the profitt of our 
charge and Venture as well as others especially it being ouv designe to 
have Plantei's there and not Graziers for if our Intentions were to stock 
Carolina att that Rate wee could doe better by Baylife and Servants of 
our own, who would be more observant of our orders than you have 
been, plant in Townes wliere we direct Take up noe more lands than 
what they had use for nor by a scattered Settlement and large Tracts of 
ground taken up and not like to bee planted these many years exclude 
other from coming neare them and yet complaine for want of Neighbours, 
we rest, 

your very affectionate friends 

CRAVEN. 

SHAFTESBURY. 

G. CARTERET. 



1675. 

[B. P. R. O. Colonial Entry Book. Vol. 97. p. 7.] 
ORDER ESTABLISHING THE COMMITTEE FOR TRADE 

AND f()rei(;n plantations. 

At the Court of Whitehall the 12"" of March 1(574-5. 

Present. 
Lord Keeper Earl of Carbry 

Earl of Bridgwater Lord Mainard 

Earl of Craven I^ord Berkeley. 

M'' Secretarv \\'illiamson. 



COLONIAL RECORDS. 223 



The Ri^ht Hoiiournhle tlic Ijord Keeper of" the (xreat Seale of Eiig'- 
land this dav aeiniainted the Board of His Majesty's Command, that His 
Majesty having been pU'ased to disolve and extingnish his hite Conncill 
of Trade and Forreiirn Phnitations wherehy all matters nnder their eog- 
nizance are left loose and at large, had thought fit to commit what was 
under their inspeetion and Mannagement to the Committee of this Board 
appointed for matters relating to Trade and His Forreign Plantations 
viz. The Lord Chancellor, the Lord Treasurer, Tjord Privy Seale, Duke 
of Lauderdale, Duke of Ormond, Manpiis of Worcester, Earle of Os- 
sory, Lord Chamberlain, Earle of Bridgwater, Earle of Essex, Earle of 
Carlile, Earle of Craven, Yisct)unt Fauconbery, ^''iscount Halifax, Lord 
Berkeley, Lord Holies, ]\P Vicechamberlain, M'' Secretary Coventry, 
i\P Secretary Williamson, ]\P Chancellor of the Exchequer, M" Chan- 
cellor of the Dutchy, and M'' Speaker, and did particularly order that the 
Lord Privy Seale, the Earle of Bridgwater, P]arle of Carlisle, F^arle of 
Craven, Viscount F^auconbery, A^iscount Halifax, Lord Berkeley, M"' 
Vicechamberlain, and M'' Chancellor of the Exchequer should have the 
immediate care and Intendency of those Affaires in regard they had 
been formerly conversant and acquainted therewith and therefore that 
any five of the last named Lords should be a quorum of the said Com- 
mittee, and that their Lordships meet constantly at least once a weeke, and 
make report to His Majesty in Council of their Results & Proceedings from 
time to time and that they have power to send for all Bookes, Papers 
and other writings concerning any of his Majesty's said Plantations in 
whosesover custody they shall bee informed the same doe remayne, and 
his Lordship further signified his Majesty's Pleasure, that Sir Robert 
Southwell doe constantly attend the said committee. 

JOHN NICHOLAS. 

In pursuance whereof their Lordships on the IP*" of August 1675 
signed a circular letter to the Governors of his Majesty's Plantations viz. 

CIRCULAR I>ETTER. 

After (jur very hearty commendations to you His Majesty having in 
his wisdome thought fit to supercede the Commission l)y which His Conn- 
cill of Trade and Plantaticjns lately acted, and thereb\' restoring all the 
business of that nature to its accustomed Channel of a C-offiittee of His 
Privy Council. And His Majesty having more especially committed to 
a select number of the Boord, whereof Wee are, tlie care and manage- 
ment of thinos relatinu' to His Plantations. A\'ce iiave therefore thought 



224 COLONIAL RECORDS. 



it convt'iiient to give you adverti.seineiit tliereof", ami as wee are l)y His 
]\Iaje,sty',s eoniiuand jjcissest of all the Books and papers of jjroceedings 
of the said Couneil, so that wee may bee able to carry on our observa- 
tions, and Knowledge of what concerns (that Island or Plantation) and 
bee still in a capacity to give His Majesty an Account of the same. Wee 
shall expect fi-om you a clear and full aceompt in writing of the Estate 
and condition in which you found and entred upon (that Island or Plan- 
tation) as to the description of the Country and Commodities thereof, the 
Laws and Rules of Government. The Officers civill and ecclesiasticall 
and Military. His Majesty's Revenue, the effective force of His Maj- 
esty's pay, the number of Planters and People, and how many of them 
are men ah\e to liare arms, the way of trade carry ed on both outward and 
inward and in tlie Country. The condition of tlie neighboring Countries 
and Places and ujton what Terms you live with each other. And gen- 
erally of all tilings wliich you in your discretion whom his Majesty hath 
trusted with a place of that importance shall judge necessary for our full 
information. And alsoe Wee pray and require of you to transmit unto 
us a Journal of all things whicli have passed since your arrivall there, 
and from tyme to tyme of what shall occurre for the future in relation to 
and upon the distinct heads aforesaid. And soe not doultting of your 
care to advise us in all things that may conduce to His Majesty's service 
and our l)etter discharge of the Trust n'posed in us, wee bid you very 
heartily farewell 

Your very loving I'^riends. 
From the Court at 
Wliiteiiall the IP" day 
of Aut>u.-t 1<)7-"J. - 



[B. P. R. O. (Colonial Entry Book. Vol. 97. p. 1.] 

an account of his majesty's plantations in 
a:\ierica. 

(1(j7o) 

His Majesty's l'\)rreigu Phuitations in America are govcrn'd cither by 
Proprietors, Corporations, Companies or l)y Governours inunediately ap- 
pointed by His Majesty. 

The Plantations governed 1)y Proprietors are 

\ew Yorke belonoino to His Koval Highness 



COLONIAL RECOEDS. 



New Jersey belonoiug to Sir Gei)ri>e C'artw right and otlier.s. 

Maryland I)el()ngino- to the f^ord Baltimore. 

Carolina nnder whieh is also eoniprehended the Lueaii and 15aliania 
Islands belonging to the Duke of Albemarle, Earl of Shaflesbnrv and 
other Lords and Gentlemen. 

The Corporations eontained within the bounds of New England are 

The Colony of Rhode Island & Providence Plantations. 

The Colony- of Conectieut 

The Colon}' of New Plimonth 

The Colony of the Massaeluisets Buy under whieh is at present com- 
prehended 

The Province of JNIaine and New Hampshire, and other small Colo- 
nies adjoining the first claimed by M'' Gorges, the latter by M'' JNIason. 

The Plantations governed by Companies residing in England, are 

The Colonies and Factories setled in Prince Rupert's Land and Hud- 
.soiis Bay. 

The Berrajudos otherwise called the Summei- Islands. 

The Plantations governed by His Majesty's immediate Commissions, 
are 

Virginia and the Province of Accouiaciv 

The Island of Jamaica ' 

The Charibee Islands divided into two parts viz 

The Windward and Leeward Islands 

The Windward Islands are 

Barbados and other uninhabited Islands. 

The Leeward Islands, are, 

S' Christophers 

Nevis 

Monterat 

Antego 

Auguilla and other uninhabited Islands. 

There is besides a Colony of English, setled upon the eastern coast of 
Newfoundland without Goveriunent Eclesiastical or Civill, who live by 
catching fish. All these Plantations are governed either by the I^aws of 
England, or by Municipal Laws, not repugnant to those of England. 

The Trade of the Plantations is, by several Acts of Parliament, con- 
fined to England; whereby no sugar, tobaco. Cotton-wool, indico. Gin- 
ger, Fustick or other dying-wood of tiie growth or manufacture of the 
Plantations may be transported from thence to any other place than 

25 



226 COLONIAL RECORDS. 



England, nor any Enropeaii Coniniodities be carried thither l)nt wliat 
shall be ship2)ed in England. 

The Religion of the church ot" England i.s most practised in the Plan- 
tations ; but liberty of conscience is in all places allowed, except in New 
England, where the government and discipline of Congregational Churches 
exclude all others. 



1676. 

EXTRACTS FROM THE JOURNAL OF WILLIAM EP- 
MUNDSON'S SECOND VISIT TO CAROLINA. 



[Reprinted from "The Friends Library," Vol. II, pages 123 and 124.] 



"I was moved of the Lord to go to Carolina, and it was perillous tra- 
velling, for the Indians were not yet subdued, but did mischief and mur- 
dered several. They haunted much in the wilderness between Virginia 
and Carolina, st) that scarce any durst travel that way unarmed. Friends 
endeavored to dissuade me from going, telling of several who were mur- 
dered. I considered, that if I should fall by the hands of those murder- 
ers, many thereby woidd take occasion to speak against truth and Friends; 
so I delayed some time, thinking the Lord might remove it from me, but 
it remained still with me. 

" The next day I made ready for my journey, but none ventui'ed to go 
with me, save one ancient man, a Friend. We took our journey through 
the wilderness, and in two days came well to Carolina, first to 
James Hall's house, who went from Ireland to Virginia with his family. 
His wife died there, and he had married the widow Phillips at Carolina, 
and lived there ; but he had not heard that I was in those parts of the 
world. When I came into tiie. house, I saw only a woman servant ; I 
asked for her master. She said he was sick. I asked for her mistress, 
she said she was gone abroad. I bid her show me the room where her 
master lay ; so I went into the room, where he was laid on the bed, sick 
of an ague with his face to the wall. I called him by his name, and said 
no more ; he turned himself, and looked earnestly at me a pretty time. 



COLONIAL RECORDS. 227 



and was amazed; at last he asked if that was W illiaui ? I said yes. He 
said he was affrighted, for he tliought it had been my spirit; so he pres- 
ently got np, and the agne left him, and did n(jt retnrn. He travelled 
with me the next dav, and kept me comjiany whilst I stayed in that 
part. 

" On the tirst-day following, the appointed a meeting on the other side 
of Albemarle river, where the men and women had been convinced when 
1 was there formerly ; bnt when we came the man told us his wife was 
just dying, and it would not be convenient at that time to have the meet- 
ing there. So we ordered the meeting to be about a mile from thence, at 
one Tems's house, a justice of the peace, who with his wife, was con- 
vinced, and received the truth ^\•hen I was in that country before. There 
we had a full precious meeting, but after we had gone from the house 
where the dying woman lay, she came to her senses, and her husband told 
her of the meeting, and of me; she said she remembered me well, and 
tlie words I spoke when I was there several years before, were as fresh 
in her memory, as if she heard me speak them just then ; and said it had 
been happy for her that day, if she had lived accordingly. She died be- 
fore our meeting was done, so that I could not speak with her. I had 
several precious meetings in that colony, and several turned tt) the Lord. 
People were tender and loving, and there was no room for the priests, for 
Friends were finely settled, and I left things well among them. Wlien 
I was clear of that service, we retm-ned to Virginia, safe under the 
Lord's protection ; praises to his name for evermore !" 



Note. — No date is given except that the whole tour in the Barbadoes, America, &c., 
is said to have been from 1675 to 1677 ; but a reference to Bacon's Rebellion seems to 
fix the date of this second visit to Albemarle in the year 1676. — Ed. 



[B. P. K. O. Colonial Pantry Book No. 96. p. 69.] 

AT THE COURT AT WHITEHALL 8"* OF MAY 1676. 

Present 
The King's most excellent Majesty 

The form of the Oath t() be taken by .the respective Governors of His 
Maj. Plantations as followeth : — 

You shall swear that you will to the best of your skill and power so 
long as you shall continue Governor of this Plantation well and truly 



228 COLONIAL RECORDS. 



execute and perform all matters and things M'hicli by the Statutes made 
in the 12"' and 15* years of His now Maj. reign you are required (as 
Gov'' of this Plantation) to be sworn to the performance of, So help you 
God 



[B. P. R. O. Col: Ent: Book. No. 20. p. 111.] 

October 21^' 1676. 
Gentlemen, 

Wee have re(>eive(l yoiu- two Lettei's the one of the 17*'' November 
1675 the other of the 28"' March last per hands of M"^ Thomas Miller; 
and doe in tlie first ])lace assure you; that wee neither have nor ever will 
parte with the County of Albemarle to any person whatsoever But will 
alwayse maintaine our province of Carolina entire as itt is. The Reasons 
that induce us to this resolution are such that wee mayntaine and preserve 
you in the English Rights and Liberties and in tlie next place your scit- 
uation beinge contiguous to ^'irginia is of great importance to us for the 
well plantinge of the rest of our province which wee expected should 
have had longe sinc^e a better progress with you ; and that the Rivers of 
Phampleco and Newse should should have bin before this welplanted and 
a way and Intercource by Land sliould have bine discovered between you 
and our Plantation on Ashley River, and the neglect of these two has 
bine the Cause that heitherto wee have had iioe more Reguard for you as 
lookinge upon you as a people that neither understood your own nor re- 
garded our Interests. But some of us discourseinge with M"" Eastchurch 
your speaker, who is now come over to us and M"^ Miller that Brought 
your letters they liave fully satti.sfied us that the fault was not in you but 
in those persons into whose hands wee had committed the Goverimient 
and that severall of you tliat had made attempts and undertakings for 
the di.scovery of a way by land to the jilantation on Ashle}- River as 
alsoe to plant more st)uthward upon those rivers of Pamphleco Newse 
were with great Violence and Injustice deprived of any power to proceed 
any further in sucli worthy uudcrtakeings and some of you that were 
planted on the South side ol' Albemarle Kivcr were conimanded back to 
your great prejudice and im-onvenience. 

Wee doe alsoe further acquainte you that wee are \cry well ple<ised and 
sattisfied with your proceedure with Ivieuteuant Colonel Jenkins and your 
Order and settlement of the Counccll and Government untill you heard 
furtlier from us wlio (>l)serve to nur iireat sattisfa<'tion that in all vour 



COLONIAL RECORDS. 229 



pruceedings yuu luaintaine the due Respect to us and regard to faire Jus- 
tice among yourselves, But wee must blame you and utterly disallow and 
disapprove of your sending ^NP Thomas Miller or any person whatsoever 
to be tried in Verginia or on of your owne Precincts which is a prejudice 
it) the power and authority wee derive from his Majestie's Grant But 
however for what is past wee cannot reflect on you when wee consider 
the conjunction of time and the apprehensions you had of Sir M'™ 
Berkeley's being sole Proprietor, and upon this occation wee thinke titt 
to mind you that wee utterly dislike tryinge and condemninge any person 
either in Criminall or Civill causes without a Jury and that noe evidence 
(dandestinely taken can bee of any validdity otherwise then to cause tiie 
Criminall person to be secured where tlie crime is of a great nature. 

Wee must further acquainte you that wee have given Instructions to 
our Governor and Committee that they earnestly press and recomend to 
you the Settinge the South side of the river of Albemarle and that as 
much as may be in Townes, it being a frontier settlement which if itt be 
made stronge and as itt ought will l)e a Security to you from the Incurtions 
of the Indians and wee have alsoe given them further Instructions that 
they cause three Townes to be settled which shall bee the porte Towns of 
your County of Albemarle which places are the first Roanoke Island 
which wee woidd have the Cheife towne and the place where the Coun- 
cell assemble should meete the 2°* Tow'ue should bee placed on the west side 
of the Little Rivers mouth the 3'''' Towne to bee upon the neck of land 
betweene Salmon Creeke and Morratocke River, these three Townes to 
bee the onely places where the Shipps shall lade and unlaid and to have 
all other priviledges which are necessary for the supporte of them, and 
upon which we have ordered tlie Government and Councell to advise 
with the assembly of the County more particularly tliat such pi'iviledges 
as may be to advance the makinge of those places considerable Townes 
and are proper for a Grant from us may be granted by us and such 
things and priviledges as are more proper for an act of the assembly may 
l)y us and the asscnibly bee enacted, for wee must assure you that it is 
your and our C^oncerne very much to ha\e some very good Towns in 
your Plantations for other wise you will not longc continue civillized or 
ever bee considerable or secure, tliere being no place in the world cither 
of there without them. 

Wee are lastly to ac([uaint you rliat wee linding M'' Eastcluircli your 
Speaker to be a gentleman of a very good tamily and as he seems to us 
a very discreet and worthy man and very much concerned for your pros- 
perity and wclltiiirc and b\- the ojipertunitv of his being Jierc well in- 



230 COLONIAL RECORDS. 



structed in our desires coiiceruiug these particulars wee have mentioned 
to you on these Considerations wee liave chosen and authorized him to 
bee our Governor over that part oi' our province which you calkl Albe- 
marle and wee have appointed severall other Gentlemen for our deputies 
and you the assembly are to choose as many in number as our deputies 
shall be to make upp the Great Councell. 

M"" Thomas Miller has delivered in a paper of Complaints to us con- 
taining great oppressions and Injuryes done which wee have thought 
most proper to referr to the Councell and assembly upon the place and 
earnestly desire you will cause such justice to be done him as his cause 
shall require, and that you will sertifie us what proceedings you shall 
make in it if" it shall bee soe desired. Wee rest 

Your most assured friends 
ALBEMARLE. CRAVEN 

SHAFTESBURY. CARTERETT. 

COLLETON. 
By M'' Thojias Miller 

To the Present Government 
and Assembly of the County 
of Albemarle. 



[B. P. R. O. Col: Ent: Book. No. 20. p. 116.] 

INSTRUCTIONS GIVEN BY US THE LORDS PROPRIE- 
TORS OF CAROLINA UNTO THE GOVERNOR 
AND COUNCILL OF THAT PARTE 
OF OUR PROVINCE CALLED 
ALBEMARLE. 

Impr^ you are to obser\-e the rules of strict ju.stice friendshipp and 
amitv with the neighbour Indians and not sutfer them to have any just 
cause to complain of any oppression or Injustice done them by any of 
the English within your Government. 

Item 2*^'^ you are to send us by the next oppertunity a true account of 
what tribute or payment are rendered by any of our people or officers 
fn>m anv of the Indians and upon what account sucli tribute or payment 
is demanded or prove due. 

Item you are to take spetiall care that Justice l>e duly administered 
and that the waves to attaine it mav neither be tedious, troublesome nor 



COLONIAL liECOKI>S. 231 



chargable for men ot" prudeiife and of estates have noe reason to venture 
themselves in any place where liberty and property are not well secured. 

Item you are not onely yourselves to a(hniiiister Justice duely ac- 
cordinge to the Lawes established But you arc to ])romote and propose 
in the Assembly the makinge of such Ijawes as may liest secure the 
antient and native rights of Englishmen, and in particular the trvall of 
all Criminall €^auses and matters of fact by a jury of 12. sufficient free- 
holders accordinge to the 69"* Article in the fundamentall Constitutions. 

Item wee propose to you and the Assembly to be considered whethere 
it were fitt to be enacted that noe man should l)e arrested or restrained of 
his Liberty untill hee had bine first lawfully summon'd to appeare or 
appearing shall not give sufficient security for his answering the Law 
with his person ajid abidinge such Judgement as shall be given thereujjon, 
but in such Case his Security are to stand lyable for his appearance or 
renderinge his Body But for the debt (jr makeinge sattisfaction for the 
Judgements given it should alsoe be considered how far the warrant of 
the great Councell shall bee allowed to arrest or seize without such sum- 
mons the person of any one against whome 2jroofe of any Capitall Crime 
Soe that such person be brought to a sjieedy tryall and have the access of 
friends and assistance for his just defence allowed him. 

Item you are to take spetiall care to pi'ohibite all trade and commerce 
between the Indians and any others that are noe freeholders of our Prov- 
ince of Carolina. 

Item wee recommend to you the setleinge of Plantations and Townes 
on the south side of the river of Albemarle Ijeinge a frontier settlement 
more espetially requires that it bee in townes. 

Item wee expressly order you that you cause to bee settled and laide 
one, three Townes in our County of Albemarle which are to be porte 
Towns and noe other and att which Townes and noe where else shall itt 
belawfull for any shipps or vessells to lade or unlade as in the 9.3''* 
Article of fundamentall Constitutions The said 3 Townes are to be the 
first upon Roanoke Island which wee will have bee the chiefe Towne 
and the place for the Councell and Assembly to meete the seconde Towne 
must be placd on the west side of the I>ittle Rivers mouth and the S"' 
Towne must bee upon the neck of land Betweene Salmon Creeke and 
Morrattocke River. 

Item wee earnestly recommend to you the (lovernor and Councill that 
you consider well and advisedly what priviledges, concession, orders and 
rules may be made and granted either Ity us alone inider our great Scale 
or by us and the assem4ily by an act and that you propose such things to 



232 COLONIAL RECORDS. 



us by your next (;Uspatc'lie.s tliat wee may give order eoncorning them as 
wee shall fiud meete. 

Item you are to doe all that in you lyes to deverte the trade ol" our 
People under you with those of New England and to bringe them with 
a more imediate Trade with England itt beinge a eertaine Beggery to our 
people of ^llbemarle if they shall buy goods at 2'' hand and see much dearer 
then thev may bee supply 'd from England, and with all sell there To- 
bacco and other Commodities at a loM'er rate then they could doe in Eng- 
land. Besides the people of New England cannot l)e friends to the pros- 
perity and Interest of our plantations whit-h will certainly in tyme 
them one and render them inconsiderable. 

Item in order to the Incourageinge a Trade with England and other 
places you are to send us an exact account of how many foot there is at 
Low water in your se\'erall Inlets, what .safety there is when a shipp is 
in and where she may doe best to unlade or take in Commodities for this 
has bine soe concealed and uncertainely reported here as if some persons 
amongst you had joyn'd with some of New England to engross that 
poore trade you have and Keepe you still under hatches. 

Item vou are to give an account what nomber of Inhabitants you 
have in your County and how much Tobacco they make yearely and 
what numbers of Cattle they have or what other Commodities they have 
to trade with that may Induce merchants to come theither. 

Lasth' ^■ou are upon all oppertunities to give us an account of how 
matters stand soe that wee may heare from you if possible twice and 
thrice a veare. 



[B. P. R. O. Col: Ent: Book. No. 20. p. 114.] 

^yee the Lords Proprietors of the Province of Carrolina doe consti- 
tute, authorise and appointe you Tho : Eastchurch Esq'^ to be our Gov- 
ernor and Commander in Clieife of tliat parte of our Province called 
Albeiuarle, and wee doe hereby grant unto you the said Thomas East- 
church all the powers and authorities civill and millitarv which by vir- 
tue of our fundamentall constitutions a (lovernor and Commander in 
Cheife ought to have, and this to continue during our pleasure, Given 
under our hands and scales this 21'' of November 107(3. 

ALBEMARLE. CRAVEN. 

SHAFTESBURY. CARTERETT. 

COLLETON. • 



COLONIAL KEC01U)8. 283 



[B. P. R. O. Col: Ent: Book. No. 20. p. 114.] 

Woe tlie Lords Projiriotors of tlie Province of Carolina doe eonstitute, 
authorize and appoint you TlKjnias Eastehurcli Esq'''' to be our Governor 
and Coinraander in Olieife of all such .settlements as shall bee made upon 
the Rivers of Pampleeo and Newse within our province of Carolina, and 
wee doe hereby grant unto Tho: Eastehurch all powers and authorities 
Civil and Millitary which by vertue of our fnndamentall Constitutions 
a Governor and Conunander in Cheife ought to have and this to eontinue 
duringe our p!e;isure. Given under our hands and seales this 2P' of 
November 1G76. • 

ALBEMARLE. CRAVEN. 

SHAFTESBURY. CARTERETT. 

COLLITON. 



1677. 

[B. P. R. O. Colonial Entry Bk. No. 105. p. 81.] 

AT THE COMMITTEE FOR TRADE & PLANTATIONS IN 

THE COUNCIL CHAMBER AT WHITEHALL 

TUESDAY THE 17*'> OF JULY 1677 

Present 

Lord Privy Seale. M"^ Vice Chamberlane 

Duke of Ormond. M"' Sec''^ C^ix'entry 

Earle of Craven M" See''^ William.sou 

Earle of Bath M"" Chan" of y" Excheq'' 

1/ Bp of liondon. M' Speaker. 

* * * * 

My Lord Bishop of London presented to the Committee a Memorial 
of abuses crept into the Churches of the Plantations containing nine arti- 
cles which are all read as follows. 

1. That the Governors Keep Parishes vacant and commi.ssion per.sons 
to officiate without orders. 

26 



234 COLONIAL RECORDS. 



Whereupon it is ordei'ed tliat tliis abuse be represented to the several 
Governors of such Plantations as are under his Ma*'^^ immediate juris- 
diction for redress. 

2. That the profits of vacant Parishes are converted by tlie People to 
their own use. 

This to be redressed by the Governors 

3. That Ministers are hired for time 
To l)e likewise remedied 

4. That the Ministers are ill jjaid. 

The Governors in this particular to observe the laws of England. 

5. That in Mariland and other places there is no settled maintenance 
for Ministers at all. 

Upon which head my Lord Baltimore is called in and being acquainted 
with this particular a copie is to be delivered his Lo^ of this Article that 
hee may propose a measure for the support of a convenient niuuber of 
Ministers against Thursday next. 

And it is further agreed that this defect ought to bee sujjplied in all 
the plantations remaining under pi'opriety and that letters bee written 
accordingly. 

6. That in Virginia there are noe places allotted to bury the dead &c. 
Which is to be signified to the Gov'' for redress. 

7. That the Vestry exercise a power over the Ministry. 

Hereupon their Lordships will consider at their next Meeting the Law 
of Jamaica which concerns the Vestry in reference to the Ministry. 

8. That in Virginia the laws are not duly executed prohibiting Mar- 
riages to be solemnized without lawful Ministers and persons to exercise 
the Ministry without proofe that they are in orders. 

These Laws are to bee observed in every place. 

9. That noe care is taken for the passage of new ^Ministers. 
Whereupon it is thought fit that the Gov''^ doe provide for the expense 

of transporting Ministers and other charges out of the profits arising by 
the vacancies. 



1678. 

[B. P. R. O. Colonial Papers.] 



The deposition of Henry Crokly shipwi-ight inhabitant in Redriffe 
saith y' in y" yeare 1676 the Depouant was in Virginnia belonging to the 



COLONIAL RECORDS. 235 



ship Constant of London Jacob Hayes Comand'' where he saw M' Thomas 
MiUer and some acquainted w"' him att James Towne in Virginnia where 
the said IMiUer liad his Trvall for treastmable words alleaged against liim 
and was then and their acquitted from them l)y S' Will'" Berkeley and 
his Connsill ailer w"*" clearing in July tbllowing y" said Miller came pub- 
lickly abord & a shore and that voyage came tor England in the s"* ship 
whereof y* deponent was carpenter and further this deponent saith that 
after y* s** Miller was cleared as atbres'* he was often a shore in company 
of t)ne John C^ilpeper and severall Magistrates thier in Virginnia and 
was never taxed furthur as to y* afores** accusation by y" s* Cidpeper or 
any other person thier that y^ Deponant ever heard of and further this 
Deponant saith not 

HENRY CROKLY 
decimo tertio die ffebruarii 1677 
jurat cor me 

ROBT CLAYTON Mavor 



1679. 

[B. P. R. O. CoT>: Ent: Book. No. 20. p. 135.] 

INSTRUCTIONS TO JOHN HEARA^EY ESQ--^ PRECIDENT 

AND THE COUNCELL OF THE COUNTY OF 

ALBEMARLE IN THE PROVINCE 

OF CAROLINA. 

L Wee haveing agreed upon the Modell of Government herewith sent 
you signed and sealled by us to be the fundamentall Constitutions and 
forme of Government of our Province of Carolina for ever, and not 
being able at present to put it fully in practice by Reason of the want 
of Landgraves and Cassicpies, and a sufficient number of People, how- 
ever intending to come as nigh it as wee can in the present state of aftaiers 
in all the Collonys of our said Province. 

2. You are therefore required as soon as conveniently you can after the 
receipt of these our Instructions in our names to issue out writts to the 
fower Precincts of the County (jf Albemarle requiring each of them to 
elect five freehoulders who are to be their I'epresentatives, to whomc the 



236 COIvONIAL RECORDS. 



iivc persuns c-liu.seii by ii.s being iidcd, and who for the present represent 
the Nobillity are to be your Assembly, they haveing ehosen their speaker 
you are in our names to requier them to elect five persons which being 
joyned to those five deputed by us are to be the Councell, by whose ad- 
vice and consent or at least the Major parte of six of them, all being- 
summoned, yon are to Governe according to the Ijimitations and Instruc- 
tions following observing what can at present be put in practice of our 
fundamental] Constitutions and fin-me of Government which Councell 
for the present is to be insteede of the Grand Ci)uncell mentioned in our 
fundamentall Constitutions and forme of Government, and to exercise 
the same power and Jurisdictions the said Grand CVnmcell is to doe by 
our fundamentall Constitutions and forlne of Government. 

3. Yon are to cause all persons so chosen to sweare Alleagence to our 
Soveraigne Lord the King, Fidellity and submission to the Proprietors 
and forme of Government by them established ; but in case any man for 
Religion's sake be not free to sweare then shall he subscribe the same in 
a book for that case provided which shall be deemed the same with swear- 
ing. Your selfe and the five Deputys of the respective Proprietors are 
to represent the Pallatines Court, and exercise the same Jurisdictions and 
powers that by our fundamentall Constitutions and forme of Government 
to that Court doth appertaine. 

4. You are \)y and with the consent of the Councell to establish such 
Courts and soe many as you shall for the present think fitt for the ad- 
ministration of Justice till our Grand Modell of Government, can come 
to be put in execution. 

5. Yon are by and with the consent of the Assembly to make such 
Ijaws as you shall from time to time finde necessary which Laws being 
rattifyed by you, and any three of our five Deputys, shall be in force as 
in that case provided in the Twelfth and other articles of our fundamen- 
tall Constitutions and fomne of Government. You are as soon as con- 
veuientlv you can to cause the Surveyor Generall to divide the Cbuntrey 
into stjuares of twelve thousand acres By which wee intende not to alter 
any man's right but that those measures and rules that wee have agreed 
on in our fundamentall Constitutions and forme of Govermiient may the 
sooner and easier come to be Y>u.t in practice amongst you. 

C). Yon are to take notice that wee doe grant unto all free persons that 
doe come to plant in. Carolina l^efore the 25*'' day of December, 1684 and 
are above the age of sixteene yeares sixty akers of land and to the said free 
persons for every al)le man servant with a good fyerlock tenn pounds of 
jKiwderand twenty pounds of Bullet sixty akers and for every other sort 



COLONIAL KECOiiDS. 237 



of" .servant Hf'ty akers t(i his or her ])ro])('r use and hehoot'e and to tlieir 
heirs &c for ever. 

7. Any person iia\-einii; transported hinisell'e or servants into tlie 
County to phuit shall make the same appeare to yonrselie and C'ouneell 
wlio shall thereupon issue out a warrant to the Surveyor (xenerall to lay 
him out a parsell of land aeeording to tlie proportion mentioned in these 
our Instruetions ; and the Surveyor haveing done the same and the war- 
rant with the Surveyor Generall'.s returne thereon being recorded and the 
person to whom the land is granted liaveing sworne or subscribed Allea- 
genee to our Soveraigne Ijord the Kinge and fidellity and submission to 
the Lords I'roprietors and their fundamentall Constitutions and tonne 
of Government you are the seale for that use provided to pass this fol- 
lowing Grant. 

Sir George Carteret Knight and Barronet Vice Chamberlin of his 
Majesty's househould one of the Lords of his Majesty's most honorable 
privy Councell Pallatine of Carolina and the rest of the true and abso- 
lute Lords and Proprietors of Carolina To all persons to wliome these 
presents shall come greeting in our Lord God everlasting Know yee that 
wee the said Lords and absolute Proprietors according to our Instruetions 
dated at Whitehall the 5"" day of Februar}' 1678-9 remaineing upon record 
in the County of Albemarle in the Province aforesaide doe hereby grant 
unto A. B. of the said County planter a plantation containeing akers 
of land English measure lying and being in the precinct of A. in the 
County of bounded N the said land being due to the said A. B. 

by and for the transportation into the County of persons whose 

names are upon Record under this pattent to have and to houlde the said 
Plantation unto the said A. B. his heires and assignes for ever with 
priviledge of Hawking hunting fishing and fowling, with all woods and 
trees with what else is there growing standing and being except all mines 
mineralls all Quarrys of jems and Pretious Stones Yealding and paying 
therefore unto us and our heires and successors yearly every ^O"* day of 
September according to the English accompt one penny of lawfull English 
money or the value there(_if for every of the said Akers to be houlden of 
us in free and common Soccage the first payment of the Rent to begin 
the 2!:)th of Septendxn- which shall be in the yeare 1684 Provided always 
that if the said land be not seated within one yeare after the date hereof 
then this pattent to be voide else to stand in full force Given at 
Under the Seale of the County of Albemarle this Day of Aimo 

Domini Being the yeare of our possession of our Province 

of Carolina. Witness John Harvey P^scj" President and Connnander in 



238 COLONIAL RECORDS. 



Cheefe of our said County and our trust}' and welbeloved our Councel- 
lours who have liereunto set their hands the day and yeare above saide. 

8. Although by our fundanientall Constitutions wee have reserved to 
ourselves one penny per aker rent of all lands in Carolina Yet for as 
much as there are divers persons in the County of Albemarle who were 
possest of land there by virtue of Grants from Sir William Berkeley at 
one farthing per aker quitt Rent and others were possest of and had 
Rights to land wiiilst by our Instructi<jns to our Governours of Albe- 
marle wee reserved to ourselves but one halfe penny per aker quitt Rent, 
wee think it just that those persons should injoy their lands under the 
same quitt rents they were granted to them when by virtue of our Instruc- 
tions Lands were due to them for haveing come into the Countrey them- 
selves or brought or sent servants to plant there, Wherefore you are in 
our names and according to the foi'me in these Instructions prescribed to 
pass oiu" grant to all persons at one farthing per aker quitt rent who shall 
desire such grants and shall make it appeare to yourselfe and our Depu- 
ties that they had grants from Sir William Berkeley under that quitt 
rent before the 25"^ day of December in the yeare of our Lord 1663 and 
have not forfited the same by virtue of the Act of the Parliament there 
by us, past and confirmed the 20"' of January 1669 intituled an Act for 
the spedier seating of Land, and you are to pass the like Grants at one 
halfe penny per aker quitt rent to all persons who shall desire the same 
and have rights to land before the publishing these Instructions and have 
not forfited the same by Virtue of the Act aforesaide, Ijut you are not in 
the grants of one farthing per aker nor one halfe penny per aker to allow 
the same time for the beginning of the payment of quitt Rent that is 
alhjwed to those who ai'e to pay one penny per aker quitt Rent, for wee 
expect those who are to pay but one halfe penny per aker quitt rents, 
their rent shall be paid frt)m the time they ought to have bin paide by 
virtue of our Instructions if the persons had, had their lands pattented 
as soon as it was run out fi)r them and those who hath pattents from Sir 
William Berkely before the yeare of our Lord 1663 wee expect should 
pay the said ({uitt rents from the time they were to have paid them by 
the said pattents. 

9. You are to choose some fitting place in a Collony whereon to builde 
the cheefe towne of Albamarle in the choice of which place you are to 
have regarfle to health plenty and easy access, you are to endeavour to 
get the Parliament to raise where-withall to build a house for the meat- 
ing of the Councell and Parliament in the said towne and when the said 
house is erected the Councell and Parliament are alwaves to sitt there 



COLONIAL KECOKDtS. 239 



and also the Surveyors Registers and Secretarvs offices are there to he 
kept and in no other place, and also the C-ourt of Common please and 
Sessions of the peace, and yon are to get the Parliament to pass an Act 
that noe Store shall be kept Strong drink or any goods soulde by retayle 
but in the said towne and you are to cause all vessels that shall come into 
Albemarle river thei-e to loade and uuloade as by our fnndamentall Con- 
stitutions is required. 

10. You the President of our said Councell are to be Commander in 
Cheefe of all the forces raised or to be raised in our County of All>amarle 
over whom you are to place officers and to cause them to be duely exer- 
cised in Amies, and to doe all other thing and things that to a Com- 
mander in Cheefe of an Army doth lielong, and you are to summon the 
Councell to meet as often as you shall see cause and are to doe and exe- 
cute all those powers and authoritys which by virtue of our funda- 
mental] Constitutions temporary Lawes or Instructions a Governor 
ought to doe. 

IL You are also by and with the consent of the Major parte of our 
Deputys to adjourne prorogue and dissolve the Parliament as to you 
shall seenie most convenient for the good and quiet of our Comity. 

Given under our hands at Whitehall this 5"' day of February 1678-9. 



[B. P. R. O. Col: Ent: Book. No. 20. f. 131.] 

Sir George Carteret Knight and Barronet Vice Chamberlin to his Ma- 
jesties hou.sehoulde and one of His Majesties most Honourable Privy 
Councell Pallatine and the Rest of the true and absolute Lords and Pro- 
prietors of the Province of Caroliny 

Doe hereby During our Pleasures Comissionate apointe and Inipower 
you Rob' Holden to march with such men as you shall thinke convenient 
and are willing to goe along with you into the parts of our province of 
Carolina that are not already fully discovered either on this side or be- 
yonde the Apaletean Mountaines, and wee Doe hereby Constitute and 
apointe you the said Robert Houlden to be Commander in cheefe over 
such men as from time to time shall be willing to undertake any 
Voyages of Discoveiy with you and to Exercise such powers Authori- 
tes and jurisdictions over the saide men who shall soe march with 
you as to a Commander in cheefe doth properly belong; hereby 
strictly requireing the said men to yealde Due obedience to you the 



240 COLONIAL RECORDS. 



said Robert Hoiilden as to tlieir Cominaiuler in Cheef; and for the 
better Government of the said men who sliall from time to time Accom- 
pany you on any Voyages of Discovery, Wee Doe hereby impower yon 
from time to time to Comissionate and apointe such Inferiour officers un- 
der you as to yon shall seeme meet and convenient which Comissions are 
to take place as soon as you the said Rob' Holden beginn your March 
and to cease uj)on your reenterance intcj the County of Albemarle ; and 
wee doe hereby strictly Injoine all other persons of our County of Albe- 
marle not to undertake or intermeddle in any discovery unless thereunto 
Comissionated by you and you are to follow such Instructions as are 
herewith given you and that you from time to time shall receive from us, 
Given under our hands and scales this 19*'' Day of February 1678-9 

ALBEMARLE. G. CARTERET. 

SHAFTSBURY. CRAVEN. 
P. COLLETON. 



[B. P. R. O. Coi.: Ent: Book. No. 20. p. 132.] 

Sir George ('arteret Knight and Barronet Vice Chaniberline to his 
Majestie's househoulde and one of his Majestie's'most honourable privy 
Councell Pallatine and the Rest of the tiiic and al)soIut(' Lords l-'roprie- 
tors of the Province of Carolina 

To all whome these presents sliall coiuc greeting Know yee that wee Doe 
hereby (During our pleasures) con.stitute apointe authorize and Impower 
Robert Iloulden for us in our names and to our uses to looke after Re- 
ceive and Recover all \^'recks Aniliergrice or any other Ejections of the 
Sea that by Virtue of his Majestie's Tvetters pattents doe to us apertaine 
or belong and if neede be to sue for and Recover the same and acquitances 
and other Discharges to give in our names for which he shall Receive 
by Virtue of these presents and to doe and act all other thing and 
things which we our.selves lawfully might doe, in order to the Sewing 
for or the Recovering the same, and Doe hereby strictly Injoine all per- 
sons whatsoever from Intermedling herein unless thereunto Comistion- 
ated or deputed by the said Roll' Houlden Given under our hands and 
Seales this 19'" Fel/^ 1078-9. 

ALBEMARLE. G. CARTERET 
SHAFTSBURY. CRAVEN. 
P. COLLETON. 



COLONIAL JiECOliDS. 241 



[B. P. R O. Co].: Ent: Book. No. 20. p. 134.] 

INSTRITCTIONS FOR M' ROBEIH' H OLDEN, 

You :nr as soon as ('onviMiicntly vdu can af'tci- your Arivall in Allje- 
marle to gether the Arearcs of our Quit Rents and if you Reeeive it in 
Tobacco you are to consigne the same to the Right Honoural)le Anthony 
Earle of Shaftsbury and Sir Peter Colleton for the use of the Proprie- 
tors of Carolina and the likf' you are to doe with all you shall receiye of 
the Rents that shall beeouie due. 

You are alsoe to consigne to the said Earle of Shaftsbury antl Sir 
Peter Colleton for our uses all that you shall gett of any wrecks, aud)er- 
griee or other ejections of the sea. 

You are from time to time to give an accompt to M'' Seth Southwell 
if he desires it what you have received for Rents or Wrecks and what 
Andwrgrice you have gotten or have notice of that others have founde. 

For your paines in collecting and shiping our rents and looking after 
wrecks ambergrice and other ejections of the sea to us apertaining wee 
doe allow you the tenth parte of all Received or Recovered by you and 
sent to us. 

You are from time to time to give information what discoverys you 
have made of the Inland parts of our Province what Nations you finde 
and as neare as you can, the number of fighting men of each nation, and 
what mineralls you have observed or found in your Voyages of diseove- 
ry.s, and for your Incoragement wee doe give and grant unto you a tenth 
parte of all mines and pretious stones you shall discover and a fifth parte 
of any trade you shall discover with any nations either amongst or be- 
yonde the Apeletian Mountains. 

You are to take into possession for (iur uses all Estates either real or 
personal which by virtue of his Majesty's Lettters Pattents doe escheate to 
us, and are from time to time to give us notice of any estate that is 
escheated and send us an Inventory thereof that wee may give you 
directions how it shall be disposed of 

ALBEMARLE. G. CARTERET. 

SHAFTSBURY. CRAVEN. 

P. COLLETON. 



242 COLONIAL RECORDS. 



[B. P. R. O. Colonial Papers.] 

TO ALL THE INHABITANTS OR ANY THAT MAY 
ARRIVE IN THE COUNTY OE ALBEMARLE. 

This i.s to certify that I have seene a proclamation signed by Capt. 
Tyniothy Biggs \\hei'ein he declared hiniselfe Dep'-' to the Earle of Cra- 
ven and Comptroller & Surveyor Generall of his Ma"^' Customes and 
that he is ready to enter & cleare any vessell or vessells that may here 
arrive and to the intent that noe person whatsoever may be deluded or 
run into danger by meanes of the said proclamation I doe hereby declare 
that as to his being Dep'^ as aforesaid I dispute not but never understood 
that a Comptroller or Surveyor of the Customes had the prerogative of 
entring or clearing any vessell but that it belongs to the CoUecto'' which 
I am till another appeare & therefore whoever shall enter or cleare with 
him thinking they have done tlieir duty therein he or they may be hereby 
informed that I will make seizure of them & Ijring them to tryall accord- 
ing to Act of Parliament. 

Dated Feb'-^ 25'" 1678-9 

JOHN CULPEPER Collecto^ 

\_I)idor8ed ] 

Culpeper's Declaration 
ag«' T. B. when T. B. 
was pulled downe 

Read the 7*" Fel/^ 1679-80. 



[B. P. R. O. Colonial Papers.] 

May it Please your Lord''* 

In obedience to your Lordp^ Reference of the 11"' March la.st Signi- 
fyed to us by M"" Guy we have Considered the Peticon of Rene Petit his 
Ma"" Agent at Rouen and Jacob Guerard of Normandy Gent. & S"' 
Thomas Dolmans L"^ thereupon of the 14 of the same month and in an- 
swer thereunto we do humbly offer That (as we are informed) the quantity, 
of Tobacco that groweth in Carolina and tho.se Parts is considerable & 
Increa.seth every yeare but it will not appear by the Cu.stomhou.se bookes 



COLONIAL RECORDS. 243 



what customes have been received in England for the same for that by 
reason of the Badnesse of the Harbours in those parts most of the To- 
bacfoes of the gro\\i:h of those Ct)nntreyes liave been and are Carryed 
from thence in Sloopes and small fetches to Virginia & New England & 
from thence shipped hither. So that the Entries here are as from Vir- 
gin* & New England although the Tobacco be of the growth of Carolina 
& Albemarle. And as to what is desired That his Ma"* would be pleased 
to Send the Peticoners two of his small ships for the Transportacon of 
about four score Protestant ffamilies to Carolina and that Two thousand 
pt)unds sterling which is to be advanced towards this undertaking may 
l)e reimbursed to the adventurers out of the first Moneyes accrewing to 
his Ma"* by bringing into England the Comodities of that same Planta- 
con ; We humbly answer. 

ffirst That it is not said in the Peticon that these ffamilies are now in 
parts beyond y° Seas, & would come hither on purpose to be transported 
for Carolina but that for ought appears they may be Protestant ffamilies 
that are already settled here, and we canot advise that his ma*'* should 
give any Incouragement to any People who ai"e settled in this Kingdome 
whether Natives or fforreigners to transport themselves from hence into 
any of his Ma"" Plantacons or Ireland On the contrary we are of opin- 
ion that there are too many ffamilyes that do daylye Transport tliem- 
selves both to the Plantacons & to Ireland to the to the unpeopleing & 
mine of this Kingdome. And we are of Opinion that means are rather 
to be used for the liindring then the promoting thereof but if these ffami- 
lies are now really in parts beyond the Seas, we think that the Encourag- 
ing of them to come over to goe to Carolina is a very good Work. 

2. But we do further offer that tlie Colony being given by his Ma"* 
in Propriet}' to sever" Lords Proprietors We see noe reason why his 
Ma"* should l)e at y" charge of Peopleing that Colony but that the same 
ought to be l)orne by those to whom his Ma"* hath given the same in 
Propriety. 

3. The Customes upon Tobacco are soe considerable being two pence 
"^ pound That if Carolina should be 'Emitted to Import Tobacco Cus- 
tom free It would be a very great discouragem' to his Ma"*' other Colo- 
nyes who plant Tobacco. And besides Carolina is soe nigh to A^irginia 
& Albemarle that in this case the Tobaccoes of those parts would in small 
Boats be carryed to Carolina & be shipped hither in small Ketches as 
Tobacco of the growth of Carolina & it would be Impossible to prevent 
this fraud. 



244 COLONIAL RECORDS. 



4. But wlierea.s the Pretence of Transportir.g these ffamilies is for the 
setting up of the Trade of silkes Wines and Oyles We doe offer that in 
ease his Maj"' slndl think fit to do any thing in this business That it may 
be by granting to the Peticoners a Proportion not exceeding one halfe 
part of such customes as shall Arive upon Wines silkes & Oyles, & due 
care to be taken that there be good and authentick proofs that the said 
Comoditics are of the growth of that place & that the allowance to be 
made by his Ma"" be upon such Wines, Silkes and Oyles only as shall be 
imported imediately from Carolina into the Port of London for the more 
Exact Keeping the Accompt & preventing frauds & abuses to be put 
upon his ^Ma"" by importing silkes wines and oyles of other Countreyes 
as if from Carolina. 
Custom house I^ond" All w"*" ]s humbly submitted to 

H"" April 1G79. your Lord^' Consideration. 

RICH TEMPLE. 

H. MILLINGTONY CH: CHEYNE 

G. DOWNING. JOHN UPTON 



[B. P. R. O. Colonial Papers.] 

ROBERT HOLDEN TO COMM'' OF CUSTOMS 10 JUNE 

1679. 

Boston in New Enc4Laxd June lO"" 1679. 

May it please your Honours, 

Since my arrivall at this place (in order to iiiy passing for tlie County 
of Albemarle in tlie Province of Carolina having received from y'' Hon" 
Commission & Ivjstructit)ns for the collection of His Majesty's Customs 
&c.) haveing met witii divers informations tending to my place there & 
the frauds used by the traders here about Tobacco transported thence to 
this place and else where. It is m}' duty (& ^ the greatest injunctive tie 
devised) to give information of all affaires thereunto relating as also "^ 
severall articles in m\- Instructions required in such negociations to serve 
the King ttiithfuily in y* misdemeanours of his subjects about the de- 
frauding of customes etc. The subwritten accompt of such attaires in 
here inserted. 

About i dozen traders of this place witli their complices receive the 
greatest pait of the j)roduction of toliacco in the County of Albemarle in 



COLONIAL RECORDS. 245 



the Province of Carolina annually & '^ a person whom through their 
interest w*** the people have factiously made one M'' Culpeper (a Gentle- 
man I Know not) the Collector of his Ma'''" Customes, by which meanes 
they & he have played such notorious pranks with the specious pretences 
of doing justice and preserving the King's rights that a people and Cus- 
tomes Treasure were never more infatuated, cheated and exhausted by 
the cui'i-ciit late received stamp in these parts of New England Cliristian 
policy. 

And as the Tobacco trade current causeth their concourse thither tt 
their wayes to leniate y* impcjst (which the other subjects of the King 
pay) resteth not there, for from thence brought hither, they have liberty 
without farther examination here to carry the same to Ireland, Holland, 
France, Spain or any other place under the notion of fish and such like 
goods by which the trade is so diverted from the true rules of Commerce 
that trafique in this Western world must be monopolized in this Com- 
modity only to New England & the rest of His Majesty's people so trad- 
ing must become Bostoniz'd or relinquish dealing if speciall care is not 
had thereto & a settlement of Customes here with the King's Officers. 

That the Canary trade in like nature is carried on: Ships from hence 
go thither & load wines, touch at Maderas or some other of the Western 
Islands & there take about a tun of their wines which they put in the 
hatchway coming home; From whence yoiu' ship? From Madei'as, with 
their lading Wines, & so draw off the upper Cashes for a taste & so the 
whole ship under this notion is unladed without further enquiry. I was 
told this by one who saled in a ship that practised it. 

That the Scotish Trade by the like Legerdemain jugles is driven. A 
ship at Newcastle Berwick Poole &c. toucheth taketh in coals or some 
slight goods, goes for Scotland and there receives great quantities of linen 
& other Scotish goods what tliey think best to bring & coming here by 
her English clearings at tlie T'orts &c. abovesaid passeth for current with- 
out farther inquisition. 

The French, Si)anish tt wiiat Country else Eiu'opeau trade in like 
nature passeth home under tiie jiretencc of French or Spanish salt &c. 
by which from France they imjiort all that Country wares as Linen, 
Wines, Rubans, Silks <&c. from Spaine wines, fruits, oyle Portugall the 
like goods &c. from hence transport as afores'' under flic notion offish to 
all these places what will turn to account. 

Here is just no\\' a ship returned from Madagascar by the way put 
severall Negroes on shore at Jamaica, she touched I hear at severall parts 



246 COLONIAL RECORDS. 



of East India & besides hath brought Elephant teeth where she got them 
knows not, she hath been a year & J out. 

The fame that tliis place liath bore in this Western part of the World 
as well as elsewhei-e (in this article makes me somewhat digress) about 
their church governm* and integrity of life in breef is now almost wholy 
devoured with Christian Policy of New England by which meanes they 
liave made their adoration their prime best Commodity of Merchandize 
& their Zeale their cheef broaker, as their occasions and atfares in the 
world shall require, that tliese two now may pass for the grand Cheates 
of tlie world. 

For my part I liave thought this my duty both to my King & your- 
selves in that place (under your favor) I enjoy, to advise that these irreg- 
ular courses may be prevented & care taken as your wisdomes herein may 
appoint, without which not only many of His Ma'^'° Liege People will 
be oppressed; But my Masters the Lords Proprietors of the County of 
Albemarle in the County of Carolina will through their interest of trade 
there be kept in faction & Rebellion as now it is and for severall yeare 
hath been & they the cause wholy that their liurdships government can- 
not take place. 

I shall omitt no time nor paines in the execution of my office accord- 
ing to my capacity & wholy follow your Instructions and Orders & in- 
deavour to regulate within my jiowcr c^t l)v all opportunities give advice 
of all occurrences. 

In the 12th Article of Instructi(jns is expressed a Cojiy of his Maj'" 
Proclamation of the 24"' Nov"" in y" 27"' yeare of his Reignc relating to 
European wares and Merchandize delivered nie &c, which I have not 
neither in tlie Book of Rates can I hud it inserted. I desire Yo"" Hon"'* 
by the next cunveniency to ^end me all the Prt)clamations that have been 
tending to His JNIaj'' Customcs; that according to my place I may cause 
publick reading of them in our Country with what else may farther 
relate to my more full & truly excecutiug my place. 
I subscribe my self 

Yo"" Hon'^ most humble & l)ounden Serv' 
ROBERT HOLDEN 

^A'itliin this 2 or ."j dayes I depart hence for Albemarle County in y" 
Province of Carolina having been about 10 dayes here. R. H. 



COLONIAL RECORDS. 247 



[B. P. R. O. Colonial Papers.] 

The luimhle proposxUs of Tvinotliy Biogs to tlic most illustrious & 
Rt. Hon"^ Ijords Proprietors of his Ma"'''' Colony of Carolina I presume 
that yo"^ Lo""^ having beene out considerable sufnes of money for the well 
planting the south parts of your Province Avith hopes of a further Answere 
of your Expectacon tlien you may have hitherto had Possibly may be a 
Reason of unwillingnesse in your Lord'"' to Lance out no further But 
I humbly propose to your Lord'" That notliwithstanding you have not 
beene out as yet any thing upon that County in y* Province called Albe- 
marle yet y* Inhabitants have lived and gott P]states under y'' Lord^" 
there by their owne Indnstry and brought it to the capacity of a hope- 
full Settlement and ere these had it had your Lord'" smiles & assistance 
but a tenth part, of what your Southern parts have had It would have 
beene a Flourishing Settlement But People having no assurance of their 
Lands (for that yet ne\'er any Patents have beene granted under vo"" 
Lord*" to the Inhabitants) is matter of great discouragement for men of 
Estates to come amongst us because those already seated there have no 
assurance of their enjoyment. 

As to our Inletts Virginia l>eing so neare us when the Government 
shall be well settled (our Land exceeding Virginia & our Stocks of Cat- 
tell not requireing fodder as Virginia doth) will di-nw men of Estates 
amongst us who may by building small A^essells send our Tobacco to 
shipp that lye at Virginia Capes and have freight cheaper for delivering 
the same on b<iard for that many ships are forced by their sloops to fetch 
their tobacco further than our place is from Virginia And the goodnesse 
of our Tobacco will advance the jirice to countervaile the charge. 

That the present yearely Product of our comodity (to say) Tobacco in 
yo' County of Albemarle pays his Ma"" for Custome at least 8000,£ ster- 
ling And the yearly product may be s'* to be worth many thousand 
pounds besides our great stock and the Indian Trade w"*" were we sup- 
plyed directly from England would much advance your Settlement. 

That it would be great Encouragement to People to well Plant and 
remove to yo'' Lordf" s* County & to yo"" Lordi" j)rofitt if did as at yo'' 
LordJ" South Settlem' Carry on Plantacons there which would Answer 
yo' Expectacons without being a fourth part out to what some of vo" 
LordP^ have beene. 

Bee pleased to consider a necessity for yo'' speedy & effectuall suppress- 
ing y° Rebellion though at some charge by a small force for that not onely 



248 COLONIAL KECOEDS. 



his Maj'-*''* Customer are uiipay'' & yo" Lord'" interests lye at stake by y^ 
great Injury it will be to y'' neighbouring Governm''' as New England, 
New Yorke, Maryland & Virginia by servants, Slaves & Debto'^ Hying 
thither w°'' will in ('(jntinuanoe of time make them so stronge as small 
matters will not then do it & I am sure a Vessell with 8 or 10 Guns & 
full power to beat up for Volunteers in Virginia to suppresse them if 
they refuse on Proclamacon of Indemjjnity to come in & submitt them- 
selves to yo'' Lord''* exeept 2 or ."3 i)ersons that are Promoters of the said 
Kebellion which reguard of yo"' Lord'''* will be a discouragem'' to the 
Rebells t^' encourage tlie Inlial)itants A: others to live und"' yo'' Lord''^ 
protection. 

In or al)out Aprill 167(S 

I doe Averr that these Proposalls were tendred to y'^ Lds P'p'^t'^'' in 
London by mee & y" ordred mee upon y° same to give my tleposition & 
it to offer to y'^ L* TresiU'er w"' my pititi(jn y" w"** I did & his Grace 
Duke of Albemarle Presant. & they ord''' x" same to come Ijefor y" Kings 
Maj'^ & Gounscill w"** was acordingly agreed on by y" Lo"*' Pi'opriat''^, but 
alter upon what considerations of thers I know nt)t, I was Comanded by 
y^ s** Lords To forbeare offering it or proceeding any further therein 

This is for a trouth given L^nd"' my hand this lo"" Aug" 1679 

TIMO BIGGS 
Dep'^ for y" Earle of Craven 

I the subscrib' doe averr and am ready to be deposed y' y* al)ove attes- 
tation and averrm' to the Send" of y^ afores'* Proposalls is the hand of 
M'' Timothv Biggs 

JNO TAYLOR 
1679 



[B. P. R. O. Colonial Papers.] 

THE REMONSTRANCE OF THE INHABITANTS OFF PAS- 

PATANCKE TO ALL THE REST OF THE 

COUNTY OF ALBEMARLE. 

8 December 1677. 
First the occasion of their secureinge the Records & imprisoning the 
Presid' is, that thereby the Countrey may have a free parlem' & that 
from them their aggreivances may be sent home to the Lords, w"'' are 



COLONIAL RECORDS. 249 



breifely these; In the first place (ciinittiiiii' many liainous matters) hee 
denied a free election of an Assembly and hatli pt)8itively cheated the 
Conntrey of one hundred and tliirty thousand ])ounds of Tobacco which 
liath raised tlic levie to two liundrt'd and fifty pounds of Toli" '^ head 
more then otherwaies it would have l)cene l)esitles neer twenty thousand 
pounds of Tob° charge he hath brought upon us by his pipeing guard ct now 
Capt. Gillam is come amongst us with three times the goods hee brought last 
yeare but had not beene two houers on shore, Init for the slip of a word 
was arrested for one thousand pounds sterling t^' many affronts and indig- 
nities thrown upon him by y" Presid' himselfe, in somuch that had hee not 
beene earnestly perswaded by some hee had gone directly out of the 
Conntrey and the same night (about midnight) luc went aboard with a 
brace of pistolls and presenting one of them cockt to INP txco. Purants 
breast & w"* his other hand arrested him as a Ti-aytour and many other 
Injuries, mischiefes and grievances hee liatli brought upon us, that thereby 
an inevitable ruein is comeing (uulesse prevented) which wee are now 
about to doe and hope & expect that you will joync with us therein, and 
subscribe this 3* day of lO''"' 1(577. 

Will-" CrafPord, Will" Bird, FAw'' \^'clis, Jn" Ilalford And 30 more 
w°'' for Iirevitie I omitt to insert 

X true ( 'oppie. 

Albk.mai!1,e IX Carolina. 

Edward Wade aged 34 yeares or therealionts, wlio deposed, saith that 
the within said writeing is a true Cop])y of thai which this Deptment 
(as Marshall Generall at that time of the ( 'oiuitiy af'ores'') coiTiauded and 
seized from Sam" Pricklove about tiic fourth or fifth of IVceml/ 1677 
who was comeing upp therewith (as yo'' dcj)oucnt su]>poseth) to publish 
itt in the precincts of Pyquomons, after lice had tlrawne itt w"" his own 
hand writeing from the originall Remonstrance (soe called by and) from 
the Pasquatanckians, w"'' they sent out ujxm their Rebellious riseing in 
armes, breaking sundry locks, stealing tlie publicke Records & then seize- 
ing & and imprisoning M'' Tho. Miller tlicn Pr(^-iid* & Comander in cheife 
nnd' the Hon"^ Govern'' deceased his Maj*' Codec'' & (le])utie for the R' 
Hon"" the Earle of Shasl)ury etc with two more of the I/' Prop" 
jgptyes ^^.ch oi-igiuall Remonstrance was written by one John Culpeper 
as the s* Sam" Pricklove told mee an<l further saith nott. 

Sworn before me this 22 of Agust 1679. 

JOHX HARVEY. 
(Indorsed) 

The rebbells first paper called a Remoustrauee and M'' Wade's testy- 
monye dated 10"*' 3'^ 1677. 28 



250 COLONIAL RECORDS. 



[B. P. R. O. Shaftesbury Papers. Bdle 48. No. 98.] 

This Ashley Cooper And tlie rest of the p'p" of the 

province of Carolina. 

Wee the who are in Scorne called Qnakers are made willing 

for of the Truth and onr Innocency and to Inform 

yon that and are a seperated people and have stood single from all the 
seditions actions which hath happened within this Comity of Albemarle 
As wdll appeare by what was acted in the yeare 1677. 

Thomas Miller arriving here abont the moneth with com- 

missions and deputations from yon the p''p''etors and Thomas Eastchurch 
commisionated governor of this C-oxmty to settle it in ordei' 

s^ Thomas Miller was received as president by the Inhabitants of this 
County who did signify Tlieir Allegiance by an Oath for The King and 
fidelity to you the p'p'fetors and Submissi tt) the present government 
Established; And wee whom the world in scorne call Quakers subscribe 
the same and not long after of those that the p'sent 

power thus estahlislied rose up in amies and seized the records 

and Imprisoned the President Thomas Miller and two more of your 
Deputies Against whose actions wee Testimony and could iiott 

joyne with them in the same they gave forth they would seize 

some of our fri one of your Dejinties who was thereby 

exposed of our friends to goe to Virginia and soe inteudeil 

for England with Tliomas Kastciuu'cli (then newly arived In 

Virginia) k"st from going whereupon the s"" Tliomas Eastchurch 

lamation tliereby to appease ther Jury which 

regarded placed a Guard of souldiers at the house 

of fhunes (Hill) Tho: Eastchurch or any of our friends 

which were in Virginia with liim AMiich Guard took away oiu- 

guns out of our houses saying wee could not joyne with them in their 
Evil ]U'actises In not only in that Action, but in our 

whicii they tooke from us Whereupon they 
which C<mimittee issued forth their false and imjust orders seizing 

and securing any of our friends which then were in Virginia from their fam- 
ily whicli was accordingly executed at their return Namely James (Hill) 
one of your Deputies and Francis Jones and Christopher Nicli two 

Ancient Inhabitants and then burgesses of this County, whicli with the 
s* James u Hill were apprehended (as will appeare) by their Lying Orders 
and by their assertions whereby they labour to villifie us and bring an 



COLONIAL RECORDS. 251 



evill Report ujjoii Truth and our peaceable meeting in tlie which they 
Render plotter.^ and contrivers of Treason and Wauers of Warr and 
vile persons and discjuiatets of the peace and scandahnis base Intelligencies 
which things they cannott make appeare against us thougli falsely laid 
to our charge for we doe detest and Abominate and ever have borne our 
Testimonies ag^' such wicked practises since the everlasting Truth of our 
God hath Ap})carcd among us Which Truth Traceth us to deney all un- 
godliness and worldly Lust and to live soberly Righteously and godly in 
this present evill World And now these seditious persons by whonie we 
have suffered are still breathing forth their threats against us They have- 
ing received an act of gi'aee and Indemnity (as they call itt.) 

To which two of your Deputies (for Conscience sake could not assigne 
Namely James Hill and Timothy severall Reasons And now 

the heads that were of that seditious are Elected to sett in 

Parliament And some of the of the Court and soe conse- 

quently to become our Judge shall bee the objects for them 

to execute their upon ; Although wee have submitted and 

subscribed to this present Government as well as wee have to the former 
governments, Knowing assuredly that they have noe just for what 

they have Acted against us but only oute of their Envie Except 

It bee for our fidelity to you our Proprietors and submission to the pres- 
ent Government then established In that we could nott joyne with them 
against the then President Thomas Miller Because wee were well per- 
suaded what they acted against him was Envie Mallice 
Because severall of us being then members of Parliament and saw what 
was then Acted before that sedition for the Cleareing of the 

Truth and for the satisfaction of the Proprietors and signifieing our In- 
nocency as per reiferene« to what we have often been charged withall yet 
still wee found a peaceable people according to what wee doe pro- 

fesse giveth us the more Liberty to signify the Truth unto you 

yee might the better know and be informed as 

Truth which ought Rightly to be Understood such cases as 

these are, ^Vliy. Because and welfare of a Nation and not 

only soe of their own Right and Interest severall as 

been for the most part of us) Sellers in 

Province of Carolina and have made hither 

abundance of patience This Late Rebellion arose here in 

these parts we thought wee should have done which thing (we 

in some measure bee looked Into with a that the 

many grievances and hardships wee have and are Like to 



252 COLONIAL RECORDS. 



bee exposed luitu may Cea.-ie the which Nsee doe not ques- 

tion at all (that may he heard in the behalfe of the Inocent 

whose Inocenoy places their cause in the sight of the Lords and beareth 
them witnesse to the well doing and is against all such — as — Act are Con- 
trary to the Just Law and un of God which speaketh in this wise, 
Doe unto all as you would bee done unto which command wee the peo- 
ple of God (in iScorne called Quakers) are made to witnesse in as much 
as we dare not Act contrary to what wee jjrofesse. Soe little more at 
present only Ijoaveing the Justnesse and Inocency of our present state 
and Condition, unto that of God, in every one of you who are 
Concerned as npon this Acciinijit and wee still desire that the same may 
be heard and harkeneil unto l)y all and more espeacially by them who 
take to them selves power to give forth Laws and Commands and to 
make Acts and decrees for the good and safety of a Country and more 
for the punishment of Evil doers and for the praize of them that doe 
well. Therefore be mindfull and see that snch laws and Decrees be put 
in foi'ce, whereby \vickedness and abomination may be suppi'essed and 
the Acters and doers punished, for now it you upon which if you 
seriously consider and weigh the tiling aright you will iinde the same to 
be certaiuely true. 

The wee up tiie pure mindes of you All to doe the 

and needfully the which if you doe the Lord 
pleased And hee will add unto you of even in the greatness 

of his mercy and Tru will F in this your Country Al- 

wayes provided that Truth may have the Rule Butt when wickedness 
beares Rule the Righte(jus must needs mourne, Wherefore Consider what 
of them that have been the patient sufferers all along as 
in the behalfe of God the prosperity of his Truth and the peaceable set- 
ling of this Your Country whose Li\'es and Estates to 
the Spoyler and they thojuselves are readie to bee made made a prey upon 
If the Lord put not an end thereunto 

These from the people of God ) rp, , .-,.>, , ,. , , 

1 • 11 1 /-A 1 I he 13"' dav of the 

who are ui scorne called Quakers > -„, ,, \,.-t^ 

1 , J .^, 1 r moneth 16^9 

wJiose names are Jiereunder written ) 

Charles John Hunt Isack Page 

Fran William Henry White 

Christop George . Arnold 

John Jonathan Timothy Meads 

Steven Hancock William Bundey. Jonathan Tarper 

William Wayf Joseph Scott William Tnr(ner) 

Hein-v Prows John Peare Solomon Poole 



COLONIAL RECORDS. 253 



Tht'se may give to uiuler.staiul That most of" us who.so iiainew are here- 
unto subscribed have been Inhabitants in Carolina sinee the yeares 16(j3: 
and 1664. 

Wee doe declayre and averr tluit tlie above subscribers couionly called 
quakers did cause this Remonstrance to be drawn In oi'der to itts pre- 
sentment to the Tjds proprietors and did also assigne it this is for the 
Trouth given under c/ hands this -io'" Sept 1679 JAMES HILL dep'^ 
to the Duke of Albemarle. 

TIMO BIGGS. Dep'>^ for the R' Hon'''"^ the 
Earle of Craven 



Note. — All blanks lorn away in the original documents.— W. N. S. 



PATENT FROM GOV. HARVEY. 

By Instructions received from his Excellency the palatine and the rest 
of. the true and absolute Lords and proprietors of the province of Cai"- 
olina dated att white hall the S*"" day of February 1678-9 Remaineing 
upon Record in the Secretaries office in the County of Albemarle as doth 
att large appeare, I John Harvey Govern' and Lords proprietors Dep'-^' 
being required to passe grants according to the iform by them prescribed 
to all persons who shall make the same appeare to us & desire the same, 
y' they had pattents for Land from S"^ William Berkeley any time before 
the 25''' day of Decem"^ 1663 With all imunities and priviledges therein 
granted Bee it knowne unto all men that this 27*'' day of Novem" 1679. 
Jn° Varnham esq"" made appeare to the governo'' and Lords Deputies A 
pattent of Land conteineing Two hundred and ffifty acres granted by S' 
Willm Berkley the 25"" day of Septem"" 1663. Remaineing upon record 
in the Secretaries office above the patent hereunder granted as doth in full 
appeare upon which I John Harvey Governo'' and the rest of the Right 
hon"^ Lords proprieto''^ Deputies as afores'' have passed this following 
grant. S" George Carteret Kn* & Baron" Vice Chamberlaine of his Maj"*' 
household one of the Lords of his Ma*^'* most hon"^ privie Counsell, pal- 
atine of Carolina, & y" rest of the true and absolute Lords & proprietors 
of Carolina. To all persons to whom these presents shall come, Greeting 
in our Lord God everlastinge, Know yee that wee the s'* Lords & abso- 
lute proprietors according to our Instructions diited at White hall y° 5"" 



254 COLONIAL RECORDS. 



day of ffebruai'v 1678-9 remaineing upon Record in the County of Albe- 
marle in the provinee of Carolina, Doe hereby grant unto John Varnham 
esq"' of the s*^ County -plantor, a plantacon couteiueing Two hundred and 
ffifty acres of Land English measure, lying and being in the precinct of 
Shaftsbury lying on the River of Albemarle, begininge att a marked Red 
Oake on the River side by Rodger Williams his Land &■ running dovvne 
the s*^ River to a marked pine, then Nor: Nor: East Three hinidred and 
Twenty pole, then to the Miles end of Roger Williams his Land and soe 
by his Trees South West to y' first station, the s*" Land being due 
unto the s*" John Varnham by & for the ti'ansportacon of flive persons 
into this Collony whose names arc in tlie Record mentioned under this 
pattent To have and to hold the s** plantacon unto the s'^ Jn" Varnham 
esq'' his heires and assignes for ever, witli priviledge of hawking, hunt- 
ing ffishinge & ifowleing, with all woods & trees, w"" what else is there 
standing, growing and being, w"" his due share of all Mines & Mineralls, 
w"' all profetts, Comodities & hereditam'^ whatsoever belonging to y' s'* 
Land Yieldinge and paying therefore unto us & our heirs & Successors 
yearely every 29*'' day of Septem'' according to the Englisli account for 
every ffifty Acres of Land hereby granted one shilling of lawfull English 
money, or the value thereof, for every of the aboves** fHfty acres To bee 
holden of us in fee & comon soccage provided always that if the s** Land 
bee not seated w""in one yeare after y* date liereof Tliat then tliis pattent 
to be void or else to stand in full force. Given at M" Geo : Durants 
house under y' Scale of y^ Countie of Albemarle this 27* day of Novem' 
being y" IG**" yeare of our possession of our province of Carolina Ano 
DoiS 1679 Witnes Jn° Harvey esq'' p'"sid* and Comand"^ in chiefeof our s'* 
C^onnty, and our trusty and Well beloved Councellors who have hereunto 
sett their hands y" day & yeare aboves*^ 
M'' John Varnham 250 acres of Land 

JOHN HARVEY 
RICH* FFOSTER 
JOHN WOLFENDEN JN° WILLOUGHBY 

JOHN JENKINS 
ANTH° SLOCOM 
ROB* HOLDEN 



COLONIAL RECORDS. 255 



[B. P. R. O. Colonial Papers.] 



AT THE COURT AT WHITEHALL THIS 19'" DAY OF 
DECEMBER 1679 

Present 
The King'.s most Excellent Ma'^' in Council 

Whereas it appears by the affidavit of Thomas Miller that the pet" 
being by Comission from the Commissioners of his Maj*''" Customs ap- 
pointed CVillector of His Ma'" Customs in Albemarle in Carolina, hec 
had gotten into his custody sundry specialties and other effects of To- 
bacco received to the quantity of 8 or 900 Hogsheads together with sun- 
dry other European Goods seized as illegally imported to the value of 
1200£ ster^ but that the premises were snatched out of the pet"' hands in 
a Rebellion contrivet carryed on and headed by Richard Forster Jolin 
Culpeper and several others and that the said John Culpeper assuming 
the title of Collector of his Ma'^* Customs took the same into his custody 
& embezzled great part thereof if not the whole and suffered vessells 
illegally to trade and that the said John Culpeper being since come into 
England is now upon his retiu'u back unto some of his Ma'" Plantations 
in America It was thereupon Ordered by the Lords of his Ma'''" most 
hon'''* Privy Council that the Commis" for executing the office of Lord 
High Admii'al of England doe forthwith give directions to the Com- 
mander in clieife of his INIa'-^" shi])S in the Downs f >rtliwith to cause strict 
search to to bee made on board all shipps as well Men of M^arr as others 
bound to Virginia or elsewhere for y* person of the said John Culpeper 
and him to seize and send up in safe custod}' hither to answer to 
the abovementioned crimes & t)tfences And it was further Ordered 
that the Lords Commiss"* of his Ma'-''^ Treasury do foi'thwith give direc- 
tions to the Commiss"" of his Ma'-*" Customs to give orders to the several! 
officers in the Western Ports from whence any ships are bound to Vir- 
ginia or other his Ma'^" American Plantations, strictly to search the said 
ships or such as by accident may put in there for the said person of John 
Culpeper and him to seize and send him up in safe custody hither to 
answer to the abovementioned crimes and effects. 

(Indorsed) 
Copie of an Order for seizing M" Culpeper 



256 COLONIAL RECORDS. 



[B. P. R. O. CoLONFAL Papers.] 

REPRESENTATION TO THE LORDS PROPRIETORS OF 
CAROLINA CONCERNING THE REBELLION IN 
THAT COUNTRY. TO BE MADE USE 
OF IN FURTHER EXAM- 
INATIONS. 

It i.s humbly tnulivd tn the coiisideratiou of tlic most Illustrious aud 
Rijjht Houorahle the Lords Proprietors of tlie Province of Carolina. 

That the Rebellion of the Inhabitants of the County of Albemarle 
was not aeeiilentall or casually arose from any present or sudden provo- 
cation gixen, but rather tlie etfect of a more mature or deliberate contri- 
vance, which I humbly conceive will so appeare to your Ijordships by 
the ensuing particulars as here circumstanced, the mane substance whereof 
can be clearly proved by the evidence of divers credible witnesses upon 
oath before any person or persons, your Honors shall think fit to em- 
power to take cognizance of tlie pi'eniisses. 

Tliat the Principalis aud Heads of this Rebellion were not only 
prompted thereunto by ambition and en\y oi- the private pekes and par- 
ticular disgusts they had to tliosc (Jcntlcmcn vour H(mors thought fit to 
entrust with tlic (Tovcrnmcnt, Itnt al-oc more esperiallv tliose personal! 
and ])articular crimes they knew tiiemselves guiltv of and accountiible for 
whenever a Governor should come. 

That this was a deliberate design r,i' uu sudden growth may i)e proved l)v 
their generall charge wherein all their former actions seem to have a naturall 
tendency to this their last and horrid end, At first their severall times 
disturbing the Courts, subverting the Government, dissolving Parlia- 
ments, Their industrious lal)or to 1k' popular and ccmtinned making of 
factions and |)arties. f« 

Their poysoning the [»eoples eares, unsetling aud disijuieting their 
minds, by diffusing and dropping abroad, by their Agents false and dan- 
gerous Reports tending much to the indignity of your Honors aud re- 
proach of your Government, and among divers otliers, that vour Honors 
intended to raise the Quitrents tu two pence and from two pence to six 
pence per acre. Now what they have done since is so notorious and 
obvious to every eye, as the imprisoning your Lordships' Deputies, put- 
ting the President who was likewise his Majesty's Collector into Irons, 
their Generall arming on the first appearance of Gilham's shipp in Pas- 



COLONIAT. RECORDS. 257 



cotaiike River, their seizing and carrying away the Records, Lastly their 
arrogating and assuming to themselves the supreme and sovereign power, 
by first dissolving then erecting Courts of Judicature, convening Parlia- 
ments without Writs, and as if they hail the sovereign and absolute 
power they put out make New Officers not only in Courts and other pub- 
lick servic&s of the Country, but even where The King is more imme- 
diately concerned, turning out His Majesty's Collectors, putting in others, 
(dearing and discharging Ships, but last of all their most horrid treason- 
able and tyrannicall actings in erecting a Court for tryall of life and 
death witliout the Ijords Deputies or C^nnniission of Oyer and Terminer 
or any other colour or pretence of Authority, either from His sacred Maj'^ 
or your Lordships, and particularly in the cases of JNP Thomas Miller and 
M"" Timothy Biggs. 

But their speciall, particular and respective ciinies are here annexed to 
their severall names here in the margin in the order following (viz') 

Cap' Valentine Bird. He being appointed by the Country to be Col- 
lector of His Majesty's Duty of the penny per pound, for all Tobacco not 
exported forEngland, did without power from or the privity or consent of 
either my Lord High Treasurar or his Majesty's Coromissioners of the 
Customs suffer the New England Traders to load and carry away the 
Tobacco of the Country without paying the said Duties, by whicli meanes 
they are now run in arreare to His Majesty one hundred and fifty thou- 
sand weight of Tobacco, and finding the hazard he liatl I'un in case an- 
other Collector should be sent he with above one hundred more, most 
whereof were Pastotankians, w liich after led the other Precincts into 
Rebellion there, with him sul)scribing a Paper against the payment of 
the said Duty, but after hearing by the report of Crawford that M'' 
Eastchurch was coming Governor and M'" Miller Collector, Bird and tlie 
rest of the subscribers were the first that took amies and opposed Miller 
at his first landing fearing they should be questioned for what they had 
done so, as soone as ever Gilham arrived they again take armes and by their 
Agents invite the other three Precincts to joyne ^vith them, and till the gen- 
erall elaps of the Country they were only in this defection and Bii'd was 
their Leader and drew the first swoixl, encouraged hereunto- by Captain 
Zackery Gilham who supplied them with many fire arnies and other weap- 
ons of War, came with some of his Seamen armed to Captain Craw- 
ford's house, where the President and two otlier of the Deputies were 
taken prisoners, 

George Durant. hath several times before not only contemned but op- 
posed the authority established by your Honors, and in the head of a 
29 ' ' 



258 COLONIAL RECORDS. 



Rebell rout by force subverted the Government turning out and placing 
in whom he and they thought fit at pleasure, and openly threatning that, 
if ever M'' Thomas Eastchurch came in Governor, he would turn Rebell. 
And as if these were too small crimes, he hath viciated a Record of Court 
by adding, razing and other wayes altering the verdict of a jury, and as 
foreman giving it in contrary to what the whole Jury had returned upon 
oath, particularly in case of M' Thomas Miller. And in fine hath all 
along when at home beene one of the most violent, active and the most 
outrageous of all the Conspirators and Insurrectors. 

Capt. William Crawford hath formerly as well as now industriously 
made it his business to be popular, make factions and then head them 
and very subtily though clandestinely and undei-hand, will be found one 
of the chief contrivers as well as acters in this Rebellion, but (besides) 
his particular crime, in the imbezling and taking of the file of the Rec- 
ords, a gratious grant of your Lordships to the Country. And having 
formerly got the Records into his Custody, divers of them are since not 
to be found: and this he did, as may be judged; (since he could make 
no private advantage thereby) purposely t(j keep the people ignorant of 
your Honors good intentions to this Country and might find fitter occa- 
sions thereby to insence them against your Lordships and the govern- 
ment. 

Capt : John Willoughbv He is a person that runs himself into many 
errors and premuniries through his extra-judiciall and arbitrary proceed- 
ings in the Courts of Judicature, and for instance in the case of M' 
Thomas Eastchurch, ^^•ho by reason of their tyranny and injustice to 
himwards would have appealed to your Lordships, but was thus an- 
swered by Willoughby That they were the Court of Courts and Jury of 
Juries. He is a person that through a naturall habit of pride or ambi- 
tion hath been alwaies imperious amongst his equals, courteous to his 
inferiours, because factious and would be popular; stubborne and disobe- 
dient to superiors, evidenced by his scornfull and jjeremptory refusing 
obedience to the summons of the Palatine's Court and his beating the 
sworn Officer that served the same : and for this and other scornes and 
contempts put upon the Court, and continuing still obstinate, he was out- 
lawed : The next Parliament approving of the proceedings against him, 
set a fine on his head for his said contempt. And hereupon he disavowes 
your Government by addressing his complaints to the Governor and Coun- 
cill of Virginia, and notwithstanding the discountenance he met with 
there, yet he returns not homewards till he heard the Country was up in 
armes. 



COLONIAL RECORDS. 259 



Capt: Thomas Cullum frequently sells powder, shot and fire-armes, as 
well to those Indian nations that are not as those that are in amity with 
the English, expresly contrary to the Laws of all the English Provinces 
which make it death to sell either to our enemies. And on notice given 
to the Magistrates of A^irginia, Warrants were there issued out for ap- 
prehending him, and if he had there been taken (although in another 
Government) he must have stood a tryall for his Life for the same or 
like fact there committed. 

Lieut: Col: John Jenkins being some time made Governor by the ap- 
pointment of Cartwright was after for severall misdemeanours displaced 
and imprisoned; yet although never legaly discharged, raiseth a party of 
riotous persons in armes, and these with some others vote him General- 
issime, neither he ot they pretending to any other right or authority than 
what he derived from this Rebell Rout, these turne out the Palatines 
Court, dissolve the Assembly, place and displace whom he and they 
pleased by an arbitrary power and force. But yet although Jenkins had 
the title yet in fact Duraut governed and used Jenkins but as his prop- 
erty, for of all the factious persons in the Country= he was the most active 
and uncontrolable. 

John Culpeper, a person that never is in his element but whilst fish- 
ing in troubled waters, he was forced to fly from Ashley River for his 
turbulent and factious carriage there. He both here and in New Eng- 
land with some of the discontented Traders plotted there and underhand 
here incouraged the hot headed people to this rash and ill-advised Rebel- 
lion. Culpeper being their Secretary or Register and one of their Caball 
or Grand Councill in matter of advise, this being the second disturbance 
he hath made here, besides what he hath done in Ashley River, New 
England and Virginia and therefore a man they much hearken to for his 
experience sake. 

Patrick White is one that with Willoughby applyed himself to the 
Governor of Virginia, that beate M' Miller when he landed, and an act- 
ive man in this Rebellion, and hath formerly been a disturber of the 
Government. 

Capt: James Blount, although one of the Great Councill or Assistant 
to the Deputies is one of the chief persons amongst the Insurrectors, 
and although I wrote to him, the speaker and rest of the Burgesses of 
Chowan Precinct, yet when the Sheriffe or Chief Martiall came with my 
letter and endeavoured to raise Posse Comitatis for keeping the peace and 
securing of that your Lordships Country, he the said Blount with one 
Captain John Vernham took the Martiall and his men Prisoners and 
raised forces against the Government. 



260 COLONIAL RECORDS. 



Bonner aud Slocuui two other of the Bui'gesses joyne vvitli CnUum, 
Bhmt and Vernham. So that all the five Burgesses of Chowan, although 
contrary to their Oathes of Allegiance and Obedience, and to their pro- 
ceedings in Parliament, are in this defection and by their bad example 
have drawn in the Country people. There are besides these about eighty 
or an hundred which may be ranked in a second Classe diifering no more 
from the former than second rates from first. And all or most of these 
have been guilty of former insurrections with some of their Leaders 
above named, especially such as live in Pascotanke, viz' Lieutenant Wells, 
Scares, Jennings, Ellis, Bonesby 

and his two sons, Cotes, with divers others of the Precinct. 

Now the rest of the people may rather be reputed newtrall, for if they 
have complyed (as many of them have done) it is only through want of 
Courage that they have sacrificed their faith to their fears, and for the 
same reason will on the first ajipearance of a jiarty from your Honors 
although but 60 t)r 70 men on pardon jjublislicd and examj)lary justice done 
on the Ring-leaders who do overawe them, they will then gladly returne 
to their duties, their necessities also constreighning them, for they cannot 
subsist without planting of Corne and Tobacco, well knowing that M'ith- 
out these two (having made them their sole dependence) they must perish 
by hunger or want of cloathing, unless the Cheif leaders build Capers 
and imploy them to rob the Merchants to supply their wants as they 
come into the Capes of Virginia which is not above 20 or 30 leagues 
from this Inlet ; and they are apt enough to tell them, that in respect of 
the openness of the Road, shallowness of the Inlet, fastness of the Coun- 
try, and by reason of the woods, swamps, rivers, creeks and runs, this 
Country being no waies accessible by Land but to the northward from 
Virginia, and that but by three pa.sses or avenues, by which meanes they 
may possibly be persuaded they may be as safe from His Majesty's Frig- 
ates as if they were in Sally. 

I mention not this to discourage your Honors, Init do likewise assure 
you that they are as inconsiderable, as rash and disobedient : the whole 
number I do not say of men hut Tythables that is of working hands 
consist of about 1400 persons, a tliird part whereof at least being Indians, 
Negros and women will, the rest once being declared Rebells, quickly 
desert them and come in in hope either of liberty or better usage. So 
that in fine I can no way bring the number of Rebells that may be ex- 
pected in armes to amount to 100 men, and these by reason of the sev- 
eral rivers and creeks which run north and south, and divide the sever- 
all Precincts, so that they cannot suddenly joyne. If therefore a Ship 



COLONIAL RECORDS. 261 



from England witli goods and servants which I am confident would an- 
swer the charge, two or three Sloopes prest from Virginia, all man'd with 
about (30 or 70 men divided into two })arties, one whereof might run up 
to Chowan up the Sound in a night, and there I am sure they would 
meet with many Loyall and lusty young men, who would immediately 
joyne with them and on notice divers who fled to Virginia would return 
for Pas(piimans, there were but 3 or 4 noted Rebells as Jenkins, Durant, 
Shen*ell, (xreene, Pricklove and Lininton, most of the rest being Qua- 
kers, who stand firme in their obedience although they will not fight, the 
archest Rebells and greatest number being in Paccotanke. ^Vnd although 
it is easy to reduce them either liy the way above pi'oposed t)r by those 
soldiers as are yet l)ehind in Virginia or by Volunteers from thence, near 
two hundred having promised M' Eastchurch to march in with him as 
soone as he should obteine Licence from the Governor there, but his 
death prevented his designe, the Governor assuring him by his messin- 
gers that nothing should be wanting on his part wherein he might serve 
him, they there and also in Maryland being exceeding sensible of the 
dangerous consequences of this Rebellion, as that if they be not suddenly 
subdued hundreds of idle debters, theeves, Xegros, Indians and English 
servants \\'ill fly into them & from thence make Inroads and dayly In- 
cursions, whence great mischief may follow which may better be foreseene 
and prevented than after remedied, for considering the vast coast and wild 
woods of the backside of Virginia they may come from Maryland & the 
Wilderness between Virginia and Albemarle extending one hundred miles 
without one Inhabitant they may and some already do go into them in 
defiance of all the care the Governor and Magisti-ates there take for pre- 
vention. 



[Hening's Virginia Statutes at Large, Vol. 2, p. 445.] 



AN ACT PROHIBITING THE IMPORTATION OF TO- 
BACCOES INTO THIS COLONY. 

For as much as the importation of tobaccoes into this colony from 
Carolina and other parts without the capes, hath been found very preju- 
dicial! to this country and the inhabitants thereof, and for prevention of 
like mischiefe and inconveniency for the future. Be it enactetl by the gov- 
ernour, conncell and burgesses of this present grand assembly, and the 
authoritv thereof, and it is herebv enacted, that from and after the tenth 



262 COLONIAL RECORDS. 



day of October next, after this present session, noe tobaccoes packed in 
casque or otherwayes shalbe brought from without the capes of Virginia 
into this colony, either in boate, sloope, shipp or other vessell whatsoever, 
to be landed on shoare, sold or shipt of in any ship or otlier vessell ride- 
ing in this colony, except only by such persons as shall make it appeare 
that they are inhabitants of Lower Norfolk county, and that the tobac- 
coes by them brought round the capes, is of the growth of the said 
county, upon penalty of forfeiting all such tobaccoes soe brought into 
this colony contrary to the true intent and meaning of this act, the one 
halfe of such tobaccoes so forfeited to be to the use of the Kings majes- 
tic, and the other halfe to be equally divided between the informer and 
the country. 



1680. 

[B. P. R. 0. Colonial Papers.] 

COPY OF A PESENTMENT 9"' -JANUARY 1679 TOUCHING 

IVU MILLER AND W CULPEPER OF ALBEMARLE 

COUNTY IN CAROLINA. 

Presentment 9"* January 1679 
The Com" being informed, That John Culpeper an Inhabitant of Al- 
bemarle County in Carolina had during the imprisonment of Thomas 
Miller Collector of his Ma'' Customs in the said Plantacon rec** and 
taken into his custody Fifty eight thousand three hundred and ninety 
two Pounds of Tobacco upon the acco' of one penny ^ pound due and 
payable by an Act of Parliam' made in the 25"' yeare of his Ma** Reigne, 
They did in Novemb' last cause the said Culpeper to be arrested and 
imprisoned at the suite of the King in an Acco' of Five hundred pounds 
for the answering and making good to his Ma'^' the said Tobacco And 
upon his Entring into bond with other security the 17"* of November 
last in the penalty of Five Hundred Pounds to deliver the said Tobacco 
to their Collector in Albemarle for the time being within one yeare from 
the date thereof and jJroduce a Certificate thereof in a convenient time 
after, since w* time the s** Thomas Miller having made his escape out of 
prison arrived in this Kingdome and being now very ill hath caused this 



COLONIAL RECORDS. 263 



furtlier acco' to be produced before them wlierein the said Culpeper is 
charged to have taken from him and his Deputves in Bonds and other 
Specialtyes to tiie vahie of One Thousand two hundred forty two pound 
Eight shillings and one penny sterling And the said Culpeper being 
now againe in Custody by order of his Ma'^' in Councill They thought 
fitt to present tlie said acco' to their I^o''" to be made use of as their Lo^" 
shall thinke fitt for the further securing of the Kings debt 

R. TEMPLE. C. CHEYNE 

J. DOWNING H. MILLINGTON 

J. UPTON 
Ex" 

Vera Copia, 



[B. P. R. O. Colonial Papers.] 

To the Kings most Excellent Ma'^ & the Right hon"" Lords of his Ma'^^' 

most hon"" Privie Councell 

The humble petition of John Culpeper Most humbly sheweth 

That yo' Pef being upon his voyage to Virginia, & in the Downes was 
fetched thence by an Order from yo"" Ma'^ & Councell at Complaint of 
one M' Thomas Miller & is now in Custody of one of yo' Ma'^" Mes- 
sengers and hath soe beene upwards of twenty days & In Consideration 
the Complaint against him is very vexatious & malitious the Complain- 
ant knowing yo' Petit'' to be far from his home and without Mony or 
friends to help him to any 

Yo' Petition"' therefore most humbly Prayes 

That he may be presently discharged & noe longer detained In Regard 
the ship yo'' Petif was going In is not yet gone as he knoweth of, yo'' 
Petition'' Beinger longer kept from his home & family will be his Totall 
Ruin or otherwise That the said Miller may give good security for the 
Payment of yo" Petif' charge & Damarges if Proved to be without Any 
Cause & as In Duty Bound 

Yo" Petition" shall Ever Pray 
for yo'' Ma'^'^ Prosperity &c. 



264 COLONIAL RECORDS. 



[B. P. R. O. Colonial Papers.] 



To the Right Hono"' the Con/' of his Ma'^ Tre""--^ the Humble Peticon 
of Thomas Miller late Collector of the Ciistumes in Carolina 
Sheweth, 

That he was deputed Collector iu the yeare 167(3 & arrived there in 
July 1677 & by the powers & Instructions given him by the Hon'''^ the 
Com''' of his Ma*' Custoraes had reduced the matter relate! ng to his Ma'' 
Revenue of Customes there into a good order & method ct had secured 
in goods & specialties to his Ma'"' use in liew of Customes to the value 
of above SOOOi; sterling <t had taken care for a speedy freight to convey 
the same for England, But was hindred by a great Tumult & Rebellion 
that broke out in the Moneth of Decem' in the s'' yeare (77) in \v'''' John 
Culpeper & Zachary Gillam & others were Ringleaders, Yo' Peticon'' be- 
ing put in Irons & in a cruell S: barbarous manner shut up from all so- 
ciety & Robbed of the Bookes specialties i)apei's cVr goods that Related to 
his Ma*"' debts & Revenue as alsoe of all his oM'ue Bookes & goods of a 
considerable value. That by the good Pi'ovidence of Almighty God 
yo'' Peticon'' in this yeare 1679 made his escape and in December last 
arrived in England where w"" his deputy wliome he broiigiit over with 
him he is able to charge the said Culpeper <S: Gillam w"' the said mis- 
carriages who are now botli in I^ngland wliei'cby lii^ Ma'^" just i]i\i.':^ may 
be secured & the jiarties punished according to Law & Justice But y* 
Peticon'' by reason of his goods being taken from him as aforesaid, and 
his long unjust & cruell continement w"' the great charges of his Voyage, 
and comeing to Ijondon from the Westei'iie j)arts of England where he 
first landed is soe much impoverished that he hath not wherew"'all to 
supply himselfe & his said Deputy in necessaries. 

Yo'' Peticon'^ therefore does most lumiljly Implore yo' Lo*" to take his 
sad condicou into yo' compassion & to direct the Com''' of the Customes 
to examine the several! allegacons & proofes yo'' Peticon'' hath in the 
p''misses that his Ma** duties may be secured And that Culpeper (who is 
now- in custody by (jrder of the King in Councill) together with the 
said Zachary Gillam may be examined & j)unished according to their 
deserts for the said Misdemeanors Aud that yo'" Peticon"^ may have CV»un- 
sell assigned him to manage his charge ag" the said persons before the 
Councell Board & something allowed for him and his deputies present 
Reliefe as yo'' Lo^' in yo" Wisdome & great equity shall thinke fitt, He 
haveiug been a sutterer for his Zeale & faithfulness in his Ma" service. 
And yo'' Peticon'^ shall pray &c 



COLONIAL RECORDS. 



265 



[B. P. E. O. Colonial Papers.] 



To the Hon"" the Comm''^ of his Ma'^' Customes. Thomas Miller yo"" 
Hoif' late Collecf in Albemarle County in Carolina most humbly ten- 
dreth the following ace' of his Maj'^ Concernes in y* County & of how 
miifch of them was taken out of his & his Deputies hands in the yeare 
1677. 

Imprimis in good lionds & other spetiallties & tobaceo rec'' p'te recov- 
ered out of y' form'' Collecf M"" Birds hands & p''te in some bonds & to- 
bacco I'ec* by myselfe and Deputy M'' Biggs in the upper partes of Al- 
bemarle viz : 
In tobacco as ^ the said Biggs his acco' will appeare tobacco. 

amounting to 73837 

and the residue in good bonds amounting to 89195 

Sum: totallis 163068 

2'^ In 2 bonds w"'' I had in ray Custody y" one of 500=£ ster- 
ling from M" Birde the forni"^ Collect'' appointed- by y^ 
Country ^vho had suffred many Vessells to goe away w*- 
out paieing y^ Kings duty or secureing itt to a farr great'' 
value then y* sum of y* said bond and y' oth'' from M'' 
Jno Willoughby of 200£ sterling who was I)ound for one 
Jno Liscomb a New England Trad'' who w"'out paying y" 
Kings dues went away w*'' a Ketch burden 70 tuns or 
thereaboutes with Tobacco to Ne'\\' England in March £. s. d. 
1675-76. both which bonds were forfeited mounting to... 700:00:00 

3*^ Sundry seiz'^ of European goods as illegally imported & 
of a vessel! called y^ Patience for bringing in p''te of them 
made by me & my Dejouty M"^ Biggs & goods rec*^ in lew 
of Tobacco for y^ Kings dues in y" Upp'" p'ts of Albe- 
marle as by y'' said Biggs his acco' will further justly ap- 
peare & y" rest by myselfe y" value in the totall amount- 
ing to 242£8sld 242:8:01 

Sum totall of money Sterl^ & seiz''" made in the upp"" p''ts of 

Albemarle is £ 942:8:1 

4* From y*" lower p'ts of Albemarle in bonds rec'' by my 
Dep'^ M"" Hen : Hudson from one M" Fost" a form' dep'^ 

30 



266 COLONIAL RECORDS. 



Collect"' a bond taken by himselfe the totall j/ducte whereof 

in Tobacco as by his Acco' will appeare is 410 Hogds which tobacco. 

alloweing 400 pounds per hogshead amounts to 164000 

5"^ Seiz" made of European goods as illegally imported by 

my said deputy M' Hen : Hudson in y^ low' p'ts as ^ his £. s. d. 

acco* will appeare amounts to 300£ sterl : — 300:00:00 

To which add 942:8:01 

Sum totall in money Sterl^ is 1242:8:01 

Now in bonds for Tobacco & | ^^^^^^^^ 

Tobac^corec iny upp p ts >i63068w<^''inHogsh^^at400p'liogs'»is407. 
of Albemarle amounts to J c x o 

In bonds for Tobacco in the \ '*' 

Low' p'ts of Albemarle ut V 1 64000 w* in Hogsh"' at 400 p' hogs* is 41 0. 
supra amounts to j 

Sum totallis 327068 w* ut supra at 400p' Hogs"" amounts to 817. 

All y" p'misses vizt: 327068 or 817 hogsheads of Tobacco & y' s" sum 
of 1242£ 8' 1*^ Sterling were really taken out of mine & my Deputyes 
hands in y'' yeare 1677 as "^ their acco*' will appeare by reason of y^ 
late insurrection or rebellion w* broke out in y'= fores'* County in X*"" 
y' same yeare Contrived & carried on then & since alsoe by Rich* Foster 
jno. Jenkins Ja Blunt Will"" Crawford Patt White Geo. Durant Jn" 
Willowby Capt" Zach. Gillam Jno Culpeper w"' oth'" their Confederates 
& New England Trad'' y^ said Gillam & Culpeper being two Principall 
Act" & Abett'' therein one of them viz : j" said Culpeper assuminge the 
title & office of his Maj'' Collect' by y^ incouraigement of y' said Gillam 
& assistance of the rest tooke the same violently out of our hands & 
management most cruelly imprisoning us thereupon and then disposed of 
his Ma" concernes to his and their uses : And besides this reall damages 
(in takeing y* p'mises out of our hands) doun to his Ma'^ in that year 
1677 & for 2 years before, there is all most 3 cropps of tobacco w"** y' of 
the fores* year 77. deducteing w' I had reed then in y^ Upp' p'tes & M' 
Hudson was about to receive in y' low' p'tes both w"*" is about 140 hogs- 
heads in y'' preceedent acco' w"*" is to be acco'able for his Ma'^' dues 
amounting to 5860 Hogsheads or y" valew in lew thereof in mony sterl^ att 
one penny ^ pound y' price current payable for every pownd of tobacco 
thence exported except directly for England, Wales or Barwicke there 
being annually made in y' place 2000 Hogsheads of Tobacco as by a 



COLONIAL RECORDS. 267 



letter from their Assembly bearing date Nov"' 1677 to y' Lords Propri- 
ato" will appeare and not one y* we know of legally exported thence 
according to the Lett'' of the Acts of Parlam' 

THO: MILLER Collect' 

HEN : HUDSON Deputy Collect' 

Jur* Thomas Miller & 
Henry Hudson that 

the Contents here mentioned 
are all true dated 21 
January 1679 

GEO: NICHOLAS. 



[B: p. R. O. Colonial Papers.] 



COM'^ OF THE CUSTOMS TO LDS OF TREASURY 22 
JANUARY 1679-80. 

May it please your Lord"" 

In obedience to your Lord^' Comauds signifyed to us by Mr. Guy on 
the anex* Peticion of Thomas Miller late Collecto' of his Ma'"' Customes 
in Albemarle Countye in Carolina Setting forth that he was deputed 
Collecto' in the yeare 1676 and arrived there in July 1677 and by the 
powers and Instructions given him by the Com'' of his Ma'' Customes 
had reduced the matter relating to his INIa'' Revenue of Customes there into 
a good order and method and had secured in goods and specialtyes to his 
Ma*' use in lieu of Customes to the value of above Two thousand pounds 
Sterling and had taken care for a speedy freight to convey the same for 
England But was hindered by a great Tuaault and Rebellion that broke 
out in the month of December 1677 in w"*" John Culpeper and Zechariah 
Gillam & others were Ringleaders the Peticon' being put in Irons and 
in a crucll and Barbarous manner shutt up from all Society & Robbed 
of the Books Specialties Papers and goods that related to his Ma*' Debts 
and Revenues as also of all his own bookes & goods to a considerable 
value That by the good Providence of Almighty God the pet' in the 
year 1679 made his escape and in December last arived in England where 
with his Deputy whom he bro' over with him he is able to charge the said 
Culpeper and Gillam with tlie said miscarriages who are now both in 
England whereby his Ma*'" just dues may be secured and the Parties 



268 COLONIAL RECOEDS. 



pimislied accordiug to Law and Justice, But the peticoii'' by reason of 
his goodes being taken from him as aforesaid & his long unjust and cruell 
confinem' w"' the great charges of his voyage & coming to London from 
the Western Parts of Enghmd Avhere he first landed in soe much im- 
poverished That he hath not wherewithall to supply himselfe and his 
Deputy in necessaries And humbly Praying your Lord^ to take his sad 
Condition into your Compassion and to direct the Com" of his Ma*' 
Customes to examine the severall Allegacons & Proofes the Pet" hath in 
the Premisses That his Ma*^^ duties may be secured And that Cnlpeper 
(who is now in Custody by Order of the King in Councill) together with 
the said Zechar. Gillam may be examined and punished according to 
their deserts for the said niisdemean''" And that the Peticon'' may have 
Councill assigned him to manage the charge against the said persons be- 
fore the Councill Board and something allowed for him and his Deputies 
present reliefe as your Lo'"* in your wisdome and great equity shall think 
fitt the Pet'' having been a sufferer for his Zeale and faithfulnesse in his 
Ma**' service. 

We do humbly report to yo' Lord'" that by your Presentment of the 
9 Instant (copy whereof is hereuuto anexed) we layed before y'' Lord^" 
the state of yo"" Peticon"'^ case And having examined the anexed Peticon 
We do further humbly acquaint yo"' Lo^" That the Peticon'" was appointed 
Collector of his Ma**^ Customes in the said Countye in the yeare 1676 
And by the anexed accompt & the Affidavitts of the Peticon"^ and Henry 
Hudson one of his Deputies It appears That in pursuance of the severall 
Lawes relating to the Plantacon Trade and his Commission from us 
grounded thereupon the Peticon"" and his Deputies had re'"' & taken into 
their hands in bonds and other specialties to the value of Twelve Hundred 
forty two Pounds eight shillings and one penny sterling & eight hundred 
& seaventeen hhds of Tobacco & That John Cnlpeper menconed in the 
Peticon by the encouragement of Zecha. Gillam l^eing two of the Prin- 
cipall Contrivers & Promoters of the said Rebellion with the assistance 
of severall other persons violently took the same out of the Peticon"" and 
his Deputies hands & disposed thereof to his & their uses. 

AVe do further humbly acquaint yo'" Loi'd^" that the Peticon"" & one of 
his Deputies are now here in person to make proof against the said Gillam 
& Cnlpeper for recovering his Ma*^ dues soe taken from them And we 
are opinion that the King's Councill learned in the law may be advised 
with in order tlierennto And the Peticon'' being as we conceive reduced to 
great necessity and having not wherewithall for a present maintenance of 
himselfe and Deputies much less to defi-ay the necessaiy charges of his 



COLONIAL RECORDS. 269 



& his Deputies attendance on the prosecution of the said Gillam & Cul- 
peper We do humbly recommend him to yo'^ Lordf' favour for such an 
Allowance as yo' Lord''' shall think fitt he having been a great Sufferer 
in the King's service 

All which is hunil)ly submitted to 

Yo"" LordP° Consideracon 

G. DOWNING. 
JOHN UPTON. H. MILLINGTON. CH: CHEYNE. 

Customhouse London. 
22 January 1679. 



[B. P. R. O. Colonial Papers.] 



THE AFFIDAVIT OF JAMES SW ANSON OF LONDON 
WHO DEPOSED SAITH 

That in May 1676 this deponent being then in Albemarle did see M"" 
Thomas Miller then under a guard of soldiers a prisoner upon an accu- 
sation of seditious or treasonable words (as report there went) for w"** 
they were carrying him from thence into Virginia to be tryed by S'' Wm. 
Berkely and his Councill and farther this deponent saith that in June 
following he saw the s'* Miller at James Towne in Virginia severall days 
after he was acquitted of y* s** accusation and in July following y* s* 
Miller publiquely came on board the shipp Constant of London Capt. 
Jacob Hayes Comand"' this deponent then belonging to y^ s** shipp and 
after the said Miller had publiquely come on board and often as pub- 
liquely went ashore, came home in y" s* shipp with us that voyage and 
farther saith not. 

JA SWANSON 

Decimo tertio die Februarii 
1679 jurat coram me 

ROBERT CLAYTON IMavo"^ 



270 COLONIAL RECORDS. 



[B. P. R. O. Colonial Papers.] 



AT THE COURT AT WHITEHALL THE i'" OF FEBRU- 
ARY 1679-80. 

Present 
The King's most excellent Majesty in Council] 

Whereas a Complaint was this day made at y* Board of divers sedi- 
tions practises lately carried on in the Province of Carolina against his 
Maj'^^ Peace and Governmen' by John Cnlpeper and others. His Ma*^ 
is pleased to refer the examination of the whole matter unto the Lords of 
the Comittee of Trade and Foreign Plantations who are to meet on Sat- 
urday next at ten in the morning, And it is therefore farther Ordei'ed 
that the Lords Proprietors of Carolina do then return to the said Com- 
mittee an account of what has passed within the said Province in rela- 
tion to the said Complaint and breach of Peace in that Government with 
an authentiek Copy of their Charter, and that their Lo^"^ by themselves 
or their Agents do attend the Committee at that time 



PATENT FROM GOV. JENKINS. 

By instructions rece^ from his Excellency the palatine and the rest of 
the true & absolute Lords and proprietors of the province of Carolina 
dated at White hall the S"" day of ifebruary 1678, remaining upon record 
in the Secretaries office in the County of Albemarle as doth at larg 
apeare ; I Jn° Jenkins governo" and Lords proprieto" dep'^* being required 
to pass grants according to the form by them prescribed to all persons 
who shall make the same aj^pear to us & and desire the same, that they 
had patents for land from S"' Willm Berkeley any time before the 25"* 
day of December 1663: with all imunities & priviledges therein granted. 
Bee it known unto all men y' this S**" day of ffebruary 1679 Thomas 
Relfe planter made apear to the governo" & Lords Dep''"' a patent of Land 
containing seven hundred & ffifty acres granted by S"' Willm Berkley the 
25* day of Septemb"^ 1663 remaining upon record in the Secretaries office 
above, the pattent hereunder granted as doth in full apear upon which I 
John Jenkins governo'' & the rest of the R' hono"^ Lords dep"*' as 
aboves'^ have passed this following grant S'" George Carterett K' and 
Barro* vice Chamberlaine of his Ma*'^^ household, one of the Lds of his 



COLONIAL RECORDS. 271 



Ma"'' most hon"' privie Councill & the rest of the true and absohite 
Lords & proprietors of Carolina. To all persons to whom these presents 
shall come Greeting in our Lord God everlasting. Know yee that wee 
the s'' Lords and absolute proprietors according to our instructions dated 
att Whitehall the S"" day of ffebruary 1678 remaining upon Record in 
y' Countie of Albemarle in the provinc of Carolina, doe hereby grant 
unto Jn° Jenings and Thomas Relf of the said Countie planters, A plan- 
tacon containeing Seven hundred and ffifty acres of land English meas- 
ure lying and being in the precinct of Carterett, lying on the South West 
side of Craven River, begininge att a small marked Cypress att the 
mouth of the Swamp & runing by Thomas Keele his Land into the 
Woods South West & by West three hundred & twenty pole, then Nor : 
West & by Nor: three hundred and Seventy ffive pole, then Nor: east 
& by East to a marked Cypress in the Codd of a bay being on of M' 
iforsons marked trees and so along the l^ay to the point of the River and 
downe the s* River to the first station, the s'* land being due to them the 
s* John Jenings & Thomas Relfe by and for the transportacon of flfifteen 
persons into this Collony ; Whose Names are in the Records mentioned 
under this pattent. To have & to hold the said plantacon unto the said 
John Jenings & Thomas Relfe his heirs & assigns for ever, with privi- 
ledges of hawking, hunting, ffishing & ifowling, With all Woods & 
ti-ees. With what else is there standing and growing & being, w*'' their 
due share of all mines & mineralls. With all profitts, Comodities & 
hereditaments whatsoever belonging to the said Land. Yielding & pay- 
ing unto us therefore ; and our heirs and successors yearely everv 29* 
day of Septem"' according to the English account, for every ffifty acres 
of land hereby granted one shilling of lawfull English money or the 
value thereof for every of the afores* ffifty acres to bee holden of us in 
fee and comon soccage. provided alh^'ays that if the s** land bee not seated 
within one year after the date hereof that then this pattent to be void or 
else to stand in full force. Given att M'' George Durants house under 
the scale of the County of Albemarle this S"" day of ffebruary being the 
16"' year of our possession of our provinc of Carolina Ano Domi 1679. 
Witnes Jn° Jenkins esq'' Gov'' and Comand'' in cheife of our s'^ County, 
and our trusty and \\elbeloved Councello''' wlio have hereunto sett their 
hands the day & veare abovesaid. 

JOHN JENKINS 
RICH'^ FFOSTER 
John Jenings & Tho: Relfe JN° WILLOUGHBY 

750 acres of land. WILL"" CRAWFORD 

JOHN WOLFENDEN ROB' HOLDEN 



272 COLONIAL RECORDS. 



[B. P. R. O. Colonial Papers.] 

The affidavitt of Henry Hudson aged 54 yeares or therabouts saitli 
That in July 1677 M' Thomas Miller arived in Albemarle in Caro- 
lina w"' sundry Comissions and Instructions relateing to his Majesty and 
the Lds Propriet" affaires whereof one was to be Collect" of y* Customes 
their and after haveing by y^ advice and assistance of y^ then Counsell 
there reduced y'^ Indians and y^ Governm' w* y" yeare before and then 
alsoe lay in a tumultuous i-onfusion, lie setlcd his Majestyes affaires re- 
lateing to y" Customes appointing officers for each River and amongst the 
rest did depute tliis Deponent liis Deputy Collect' for collecting his Maj'^^ 
dutyes in tlie Lower Pts in pursuance of w*"** this deponent acted sometime 
in y' affaire and had receaved in good bonds to y'^ quantity of 410 hhds 
of Tobacco for his Majestyes use and about £300 stei* of Contrabanded 
Goods seazed as illegally imported and soe for y'^ space of five months 
things went on in quiet and peaceable manner as to the Gener" (though 
some were factiously inclined untill X''" following upon y'^ arivall of one 
Capt. Zach. Gillam of Ijond" tliat yeare the inhabitants then riseing up 
in Amies thier broke out a more violent resurrection then heretofore 
Even to an absolute subverting the wiiole autliority derived botli from y* 
King and y' Ijds. Proprief^ scazing and imprisoning y'' said Miller and 
the Lds. Prop'* Deputves and all others in autliority and office Yea and 
all such of the Inhabitants alsoe as Mould not joyne w"' them they then 
writt a seditious letter to the Lower Pts. to one M'' Rich. Foster to give 
him an acco' what they had donn above w"* all requireing him to suTiions 
y" Inhabitants below to cliuse l^urgesses for a new Assembly (as they 
cald it) and to seaze this deponant prisson' all w"'' was donn and they 
iiiett accordingly ; att M'liose meeting this depon' being then thier prisson' 
was forced to be p'sent w*'* them though y' very day he was to receave 
upon y° Kings acco' 100 h'^h''" of Tobacco for Customes of one Jo° Wil- 
liams a New England Traider whome they suffered to depart without pay- 
ing any duty at all, notwithstanding this depon' required assistance from 
them and gave caution thereof to y^ s*^ Foster and y'' rest of y* Gang 
thier mett who instead of choseing Burgesses, they by a shout of one and 
all cryed out wee will have noe Lo'** noe Landgraves noe Cassiques we 
renounce them all and fly to the King's protection soe downe went y" 
Lords Propriet" for about halfe an owre untill y' said Foster tould them 
that way would not doe, whereupon they cryed up y^ Lo*' againe and 
went to chusing thier Burgesses as they cald them w"** Burgesses being 



COLONIAL EECOEDS. 273 



thus chosen had instructions from y" Rablo how they sliould j/ceed att 
thier assembly w"'' was, first absoehitely to insist upon a free traid to 
transi^ort thier tobacco where they pleased and how they pleased without 
paying any duty to y" King ; Upon w* some of them cryed out God 
dame y" Collecto" and this Depon* verily thought they would have mur- 
thered him : the next thing was that they should bring y" said Miller to 
a tryall for severall odious crymes they then contrived to tax him w^all 
one espeacially for cheating the Country of L35,000 Sbs of Tobacco w* 
was secured upon y" Kings aect)" by y' said Miller w''' as they said be- 
longed to them and the w"'' if he liad not done they nev'' would have 
troubled him about thier j/tended im])utation of treason or any thing 
else they had framed against him as AVill : Craftoi-d one of y" Cheefe 
Ringlead'' often told this Depon' while he was a prisson"" in his house 
then they were to seaze all his Maj'^' Customes into y"' hands : these In- 
structions being gi^■en the s* Foster w**" his Burgesses carryed this Dep' 
a prisson"" along w* them to one Geoi-ge Durant's house w"'' was y^ ap- 
pointed place for y" meeting and where y^ afores'' M"" Miller and y^ T^o''' 
Deputyes and other Officers were prissoners and where they kept this 
deponant und"^ a guard of thre files of soldiers takeing violently from 
this Depon' all the Kings bonds acco*' and consarnes whatsoever from 
him and after delivered them to Jo" Culpeper thier Colleef where y* 
afores* Gillam was and countenancing them \vith his presence & fiirnish- 
ing them w"' drink nor would he open store untill he see what \\'onld 
be done about y^ Governm' and was alsoe p''scnt ^hen they created a 
P'lement consisting of Tho. Collen, Speaker, James Blunt, Anthony 
Slocum, Jo" Vernham, Henry Bonner, Jo" Jenkins, Sam. Pricklove, 
Will" Therrill, Caleb Calloway, Alexander Lillington Will" Cra- 
ford Vallantine Bird since dead Will"" Jenings, Tho. Jarvies Enoch 
Billings Rich Sanders Patrick White & Will™ Sears who was 
ther Drumm"' in all abont 18 of them this p'lement seperated five of 
y*' Memb"^^ viz' Jo" Jenkins Will" Ciiiford, James Blunt, Patrick 
White and Valantine Bird to joyne w*'' one M' Richard Foster thier 
cheefe Judge to make a Court of, and then this Court impanelled a 
Grand Jury out of y" souldiers and confused Rable, the foreman whereof 
was one Mordecay Bowdon a 'New England Traider and one much in- 
debted to y' King w"" foreman consulting w"" one Jo" Culpeper (thier Col- 
lector afores* and cheefe scribe & c(junsellor) how he should bring in y* 
Inditem* against y'' sd Miller the s* Culpeper told him he must Indosse 
Billa vera whereupon this Jury went out and quickly returned againe 
lint y' s* foreman instead of indossing Billa vera put downe Bill of Error 
31 



274 COLONIAL RECORDS. 



whereupon the Court hjoking wishtly upon it as much amazed, the 8* 
Culpeper snatcht it from tliem and told them it was only a mistake in 
y° foreman, whereupon y* foreman p''sently replyed he had donn as y' s"^ 
Culpeper had bid him ; but however w^'out a second goeing out or more 
adoe it was mended and soe passed for good the w""" manner of p^'ceed- 
ings was not denyed but owned by Foster and others of y^ Court when 
questioned by this Depon' about it Upon this the Sheritfe was to Im- 
panell a petty Jury upon y' s** Miller y^ foreman whereof was one Joseph 
Winslow another New England Traid"^ and one much indebted to y° 
King for Custome w'^'' was donn and would certainly then have proceeded 
to have taken away y^ said Miller's life as this Depon' had great cause to 
beleave (for besides the many irreverent speeches against all authority 
uttered by the rable) those that were upon this depon'' guard and of y* 
said Miller's jury, this depon' often heard them vowe and sweare that 
they would never depart thence untill they sawe y* said Miller dead or 
alive und'' ground but y" comeing in of y* Govern''^ Proclamation prevented 
it soe that they proceeded noe further in it att that time only consulted 
how to dispose of his Maj'^* consarnes w"*" they had soe violently taken 
from us to y^ payeing their soldiers and agents w"" all and to comitt y° 
s* Miller prisson' in Irons as he was And this Depoiiant and y* rest of 
y" King's officers and y" Lo^* Prop" Deputyes and some other of y^ 
Inhabitants Close prison""' apart w"'out the p'^vilege of pen inck or 
paper or accesse of freudes or humane converse w"^ continued soe w*"" 
some of us almost y^ space of two years and to send a strong guard to 
oppose y" Gov''_w'''' they did untill he dyed in Virginia w"*" was not long 
aftier Soe things continued in this posture canyed on by those already 
named especially there Court Members as principal Acto'' togeather with 
one Jo° Willoughby and George Durant who weare thier Agents sent 
home that yeare to cover all thier actions over in England that truth 
might not come to light and furth"" at present your Dc^jon' saith not. 

HEN: HUDSONE 
Jurat 31 die Januar: 1679 
coram 

W MOUNTAGU 



COLONIAL RECORDS. 275 



[B. P. R. O. Colonial Papers.] 



REPORT OF THE LORDS OF THE COUNCIL TO KING 
CHARLES 2°^ 7 FEBRUARY 1679-80. 

May it please Yo' Ma'^ 

In obedience to Y(/ Ma'^' Ortler of Councill of the 4*" instant, We 
liave heard the Complaint of the Coiumiss"'' of yo'' Ma'^' Customes ag" 
John Culpeper and being- attended by the Lords Proprietors of Carolina 
we were fnlly satisfyed that the said John Cnlpeper had by divers sedi- 
tious practises abetted and encouraged a Rebellion in that Province, 
whereby seaven of the Lawfull Magistrates Deputies to the Lords Pro- 
prietors were all imprison'd (the eighth of them only being drawn into 
that Confederacy) And that the said John Culpeper by color & force of 
that Rebellious Authority imprisoned the Collector of Yo' Ma*^' Cus- 
tomes, and having seized into his own hands the Customs belonging unto 
yo' Ma*^ did by a Proclamation in his owne name declare himself the 
Lawfull Collector, embezeling and endamaging Yo"" Ma*^' Customes to a 
considerable value. All which being proved upon oath before us the 
said Culpeper acknowledges y' Fact & layes himself at Yo' Ma*^' feet for 
Your Gracious Pardon. And in case Yo' Ma'^ shall think not fit to Extend 
Yo' mercy towards him, he desires he may be tryed in Carolina where 
the fact was committed But w'^all the Comm'^ of yo' Ma'^' Customs 
humbly beseech yo'' Ma'^ that no favor may be shewed him unless he 
make or procure satisfaction for the Customs seized and embezeled by 
him which we are informed do amount to the value of about three thou- 
sand pounds ster^. 

All which &c 
Councill chamber ANGLESEY 

the 7'" of Feb: 1679-80 WORCESTER 

LAUDERDALE 
BRIDGWATER 
L. HYDE 

H. COVENTRY. 



276 COLONIAL RECORDS. 



[B. P. R. O. Colonial Papers.] 



The Affidavitt of John Tayhjr who deposed saith' 

That in Aprill 1678 this Deponent inett w'" M' Tim° Biggs in Lon- 
don who upon some conference had w"' him told nie he lived in Albe- 
marle in Carolina & from thence had then been forcd to break prison & 
make his escape, hinisclfe & y" rest of y'' Lds Propriet" Deputyes & his 
Ma*^° Custonie officers being there imprisoned particularly M'' Tho. Mil- 
ler y' then Presid' & Commander in C-heifc und'' the Govern' (Tho. East- 
church Esq' since deceased) for y" Lords Propriet" & alsoe Collect"" for his 
Mat^ was clapt in irons & in shorte y° whole Gover°ment (w'''' had been 
near 5 monthes settled in good ord'' by y° said Miller & Councell) 
ov'throwne by a Rebellion w"^' in Decend/ 1677 upon y° arrivall of Capt. 
Zach Gillam from London broak oiit wherein after y' publique Records 
first seized suudr}- lockes broak open in y' action all in authority or office 
were dejiosed seized & imprisoned & y*" s'^ Rebellion contrived promoted 
& carried on by y" s* Gillam who was the first man that ajjpeared in armes 
& w"" y^ maj' parte of his rude sailers on y^ shore & alsoe drew his sword 
at y* s*^ Biggs y" Earle of Cravens Deputy together w"" Jno. Culpeper, 
Rich. Foster, Jno. Jenkins, Ja. Blunt, Wm. Crawford, Patt White, Geo. 
Durant, Geo. Willoughby w"' sev'all others their Confederates & New 
England Trad'^ w"'' Culpeper assuming y" title of his Ma'^' Collect' by 
meanes and assistance of ye s* Gillam & y^ rest of their accomplices tooke 
his Ma'y' concernes violently out of y' s* Millers & his dep*^' hands w"*" 
were to a cousid'able value & for w"^ he y^ s'^ Biggs told me y' M' Miller 
liad taken great care for freight for its transportation thence for England 
according to ord' And this Depon' further saith he was an ear witness to 
y" information w"'' y" s*" Biggs made in relation to y^ premises in his Pe- 
titions both to y^ Propriet" & to y° Lord Treasurer when he was in Eng- 
land in y'' yeare albres'' & alsoe y* y" s'' Biggs was ordered by y' s* Ld. 
Treasurer to make affidavitt thereof & petition y° Kings Counsell w"*" y° 
s* Biggs was then intended to doe but in y^ Intrim y° Propriet" (sende- 
ing away Seth Sothell Esq' who had purchased a Propriety to be Gov'n') 
they commanded M' Biggs to desist and : now the s'^ Sothell being taken 
by y° Turkes is y^ cause y' things to this day remain allmost in the same 
confusion as before. 

And this depon' saith further he went to Albemarle in Carolina w**" y' 
s* Biggs & in Fel)'^ 1678-9 we both arrived at y' s"* Biggs his house there 
& soone after o' arrivall y° Rebellious Rabble mett att y' i'ovitti^ Durants 
house y* usuall place of there Randezvonse & y* fii-st salutation y' M' 



COLONIAL RECORDS. 277 



Biggs had from them (iiotwithstaiidiug his former deelarations for peace 
& qiuetnes,s) was a ~i§3emptory warrant to summon him before them 
chargeing him to bring w"" him all papers both private & publique w"*" 
he had brought w"* him from England and to answer such matters as they 
had to objecte against him w"^ s^ warrant I both saw & read whereupon 
M'' Biggs asked this deponents advice w' to doe who told him y' as he 
was y° Earle of Cravens Representatives & Compt'' & 8ur\ey'' Gen^all of 
his Maj'' Cii.stomes y* best way was to goe up to tiiem & puljlish his Com- 
missions & y° s"* Biggs did goe to them & publish y" same & this depon' 
went w*'' him, where he saw all y" afores"* Ringlead'^' (Willoughbie & 
White onely excepted) Capt" Zack. Gillam being there also who seemed 
to carry y" greatest sway & superintendency ov'' them, but coidd not per- 
ceive this lair proceeding of M'' Biggs took my effects w"' them they be- 
ing as resolute as before, then M'' l^iggs put a paper up att y" Court doore 
signifieing y' he being y" onely officer for y" King that was arrived in y' 
Country afoi-es** he would offitiate in y^ Kings affaires w"*" paper I saw & 
John Culpeper puld itt downe & s(jone after putt up another signed by 
himselfe as Collecf chargeing all "^sons to take iioe Cognizance (as to y* 
Customes) of M"' Biggs w"*" paper is to be p""duced, neither would y" s* 
Culpeper give y^ s"* Biggs any acco' of y^ Kings concernes in his hands 
w"*' to my certaine knowledge Biggs demanded accordingly as he was 
directed by his instructions li'om y^ Comm" of y" Customes, but Cul- 
peper told him he valued not his Commission or Instructions exepte 
he would joyne w'h them saing likewise the Country had impowred him 
& he would keep w* tobacco he had of the Kings in his hands & dispose 
of itt as he thought fitt absolutely refuseing to give him any acco" at all 
and more over the said Culpeper did threaten if M"" Biggs made size''s 
for y" King or meddled w"" his Tobacco he would have him secured and 
clapt up againe & soe did all y" afjres'' Gang threaten the said Biggs to 
reimprison him or do him a mischeife either on board or on shore if he 
acted w"'out them w'^'" insolent threats & surly behaviour of them caused 
the said Biggs w"" y'' helpe of his family & myne assistance alsoe w""" he 
had desyred to be upon our guard night and day for fear of being sett 
upon by them & when we went to sleep to have our gunns ready charged 
by us least wee should be surprised in this miserable condition we lived 
till y" s'^ Biggs was forced (for his owne saifty) to quitt his home & goe 
into Virginia where this deponent lefte him & came for England. 

JNO TAYLOR 
Jur' 31 die Januar 1679 
coram 

W" MOUNTAGU 



278 COLONIAL RECORDS. 



[B. P. R. O. Colonial Papers.] 

AFFIDAVIT OF THOS. MILLER CONCERNING THE 
REBELLION OF CAROLINA 

The affidavit of Tho. Miller aged 31 year.s or thereabouts saith — That 
in or about the middle of July 1677 liee arrived in Albemarle County in 
Cart>lina with Sundry Commissions Instructions & other Instruments ot 
writing from the Right Hon"* the I^ords Prop" of the s** Province under 
their Lor'" handes & seales for this deponent to be Register (w"'' then was 
in y* stead of Secretary) of that County aforesaid and also to personate 
one of their Lor""' in Councill there and other Coinissions and Instru- 
ments of writing from the then Gov" vid. Thorn. Eastchurch Esq' for 
this deponent to preside in Councill & to bee Comand"' of y" military 
forces of s* County afores* during his y° s"* Gov''^ absence and also a 
Comission from the hon"" y" Comiss'^ of his Majestyes Customes for this 
deponent to bee Collecto'' there with sundry Instructions to act by. In 
pursuance whereof, after having (by y' advice of the then Councill there) 
setled the Lords Prop" affaires relating to their governm' reduced the 
Indians, who the year before (as was manifested to y" deponent) vid. in 
76 had comitted sundry murders and depredations upon some of the in- 
habitants) and had brought y' people, who in y^ s*^ year of 76 (as did ap- 
pear to y^ deponent) and then also were in a miserable confusion by rea- 
son of Sundry factions amongst them to a reasonable good conformity to 
his Majestyes and the Lor**' Prop'' Laws and authority and (as y" seemed) 
to the generall satisfaction of y^ inhabitants. The deponent then setled 
his Majestyes affaires in reference to y" Customes and for the better man- 
aging and collecting the same had appointed deputyes and other sub offi- 
cers in each precynct, And had together with his s** Deputyes gotten into 
their hands (for his Maj'^'^' use) from y* former CoUecto' appointed by 
the Country and part received themselfes as much of the Kings Concerns 
in bonds for tobbacco and toljbacco received as amounted in y* whole to 
327068 pounds w"'' in hogsheads allowing 400 pounds to one hogshead 
comes to about 817 hogsheads as by account will appear and in sundry 
other bonds for money, as also in severall seizures of European goods 
judged illegally imported and of a vessell called the Patience for import- 
ing some of y^ s'^ goods made by him and his deputy and in goods re- 
ceived in lieu of tobbacco for the Kings Customes as amounted to the 
value of 1242£ 18s Old sterling as by account will also appear the pro- 



COLONIAL RECORDS. 279 



duct and effect whereof (his salary excepted) hee had taken care for trans- 
portation that very year according to the hon''"" the Coiniss'^" of the Cus- 
toms Orders as will partly appear by M"' Henry Hudson and M"^ Tyn\o- 
thy Biggs, but was hindred therefrom by reason of an Insurrection and 
(as y" deponent humbly conceives) a rebellion which violently broke out 
in y' Country lO"'"' 77 and hath to this day continued without any eftectuall 
restraint and suppression, notwitlistanding all the endeav"'' of v^ Lor'^' 
Prop" in comissionating & appointing Seth Sothel Esq'' to be Gov"" and to 
reduce the same w'"" was contrived and carried on then and since by 
Ricfhard Foster John Jenkins George Durant John Willoughby Wm. 
Craford Patricke White James Blunt Capt. Zach. Gillam John Culpeper 
with other tlieir Ccjutederates and New P^ngland traders w"*" Culpeper 
(by y'= encouragement and aid of y' s"" Gillam and the rest of their ad- 
herents) assuming the like and office of his Maj'^'' Collecto'^ violently 
seized the premises out of his and his deputyes hands, most cruelling 
imprisoning th(?m and disposed of the King concerns according to their 
own will and pleasure overthrowing the governm* imprisoning all or 
most in antliority & office besides and comitting sundry other outrages 
upon all other the inhabitants that would not joyne with y" in these ex- 
orbitancyes committed in this Insurrection w°'' was begun and carried on 
afler this manner following Upon the 4"" day of lO'*'' 1677 and 3 dayes 
after Capt. Zach. Gillam's arrivall there a parcel! of men to v^ niuuber 
of 30 or 40 of the precinct of Pasquotank in y" afores"* County being set 
on by the fores'* Culpeper Crafoi-d and encouraged by ye example (w* 2 
of y' Lor"*^ Prop''" Deputyes c-omplayned of to this Deponent) as well as 
assistance witli amies of y'^ s'' Gillam and headed by one Valentine Bird 
and Edward Wells did without making any add resse complaint or infor- 
mation to the deponent oi- any else in authority and without any lawfull 
warrant or order with force and ai-ms vid. swords guns and pistolls vio- 
lently rush into the Inmse where the deponent and 2 more of the Lo'"'*' 
Prop" Deputyes were present and seized us as their prisoners and then 
went to searching over the pnblique records and other of the deponents 
writings w"'' the s* party luul brought witli them having y'' day before 
violently entred one M' Tymothy Biggs liis house and there breaking 
open sundry the deponents locks seized the said Records and whatever 
other of y*" deponents writings were }•" to bee found, having also in this 
action sent abroad up and do^vn y* Country their seditious libells drawn 
by y* s'' Culpeper to put all in a flame and on y" s"* 4"' of 10'"''" a little 
after y' deponent and y' other 2 Deputyes afbres* were seized their pris- 
on" some of y" ringleaders vid. Bird Craford A^'ells & others went on 



280 COLONIAL RECOEDS. 



Ijoard y" s* Gillam's shipp (w°'' in all these confusions rid with Jack En- 
sign Flag and Pcnon flying while wee were prison"^ at Pasquotanck) 
where on board there was y" s* Gillam the afores* Cnlpeper and Durant 
and after about one houres or thereaboutes staying on board they came 
aslioar again with fresh new Curtleaxes for y^selves and many of the rest 
of their gang and then altering their first pretences they searched the 
deponents and his deputy M"" Biggs pockets and took away all our pub- 
lique and private writings and pocket books w'*" they found about us and 
then y° s'' Cnlpeper writt another seditious letter w"*" the deponent saw 
and w"** was signed by y' afores** Bird and Craford directed to y" 
afores* M"' Foster in y" Ijower Precinct of y^ County called Corrituck 
giving him account of what they had done and how they succeeded 
and with all requiring or directing him there to seize Henry Hudson my 
deputy Collecf for y' precinct and all papers about him relating to y' 
Kings affaires and to bring him prison"" with him and his Company at 
y* Generall Meeting which they jjroposed to bee at y* fores'* George Du- 
rant's house and about 2 days after tiie said Cnlpeper went up into y" 
L^pper parts of the County called Chowan (as was given out by himselfe 
and the rabble) where the like disturbance was begun and more violently 
agitated by the s** Culpepei' and where they had seized the Marshall of 
the County with all his papers relating to his Maj*-'^ and I^o'''*^ Prop""' 
aftaires and then aftei- that the s'' Cnlpeper returne^l and in his return 
seized y" deponents Clerk a jirisoner and a little after the s** Culpepers 
return there followed a party of men in arms from that precinct of 
(Chowan bringing y' s** Marshall with v'" a prisoner tlicir main guard then 
at y" f )res'' Craford's house w"'' was forced in at I'ascotank tlicn (after 
some 14 oi- 15 dayes keeping the de])onent & y" other Lords deputys 
(which they had taken close prisoners) the said Craford vowing and 
swearing that if any came to oppose them or relieve us y' tiiev would 
stand by each other to y* last dropp of blood and that if any dyed to bee 
sure wee that were their prison" to dy first. They carried this deponent 
and their other prison" round by water in hostile manner to y^ fores'* Du- 
rant's house and there in the middle of a guard of 60 or 70 men in arms 
kept us close from all humane converse or accesse of friends neither 
woidd they adiiiitt us the speech of one another The next day after our 
Ijeing brought to Durant's as afores'* they sent a party of soldiers headed 
by the afi)res'* ]\P Bird to search for the dejjonent's box wherein was all 
his Comissions Instructions his Maj*-"^^ printed Proclamations and letf 
and all other bills i>onds accounts and other papers relating to the 
King's the Ix)rd* Prfip""' the firmer Gov'"' and this deponent together 



COLONIAL RECORDS. 281 



with the Lords^ great seal of y° County and many other books and things 
of value w"*" box the s"" party soon found (though liid in a tobbacco hogs- 
head) and carried it to y° s* Durants house where in presence of y° said 
Culjjeper Craford Durant and y^ rest of y*^ Ringleaders then met, it was 
broken open and all things therein contained Hauocked at y'' pleasure as 
y® deponent saw openly and then afterwards on the very same day, by 
the instigation of the said Culjjeper (who ^vas the eheife scribe that writt 
y° paper or accusation) Craford, Bird, Durant, & others, they did cause 
y* depon* by beat of Drum and a shout of one and all of y^ rabble to 
bee accused of blasphemy, treason and other crimes, and so upon a shout 
of one and all of y^ s'' rabble, was the deponent ordered to bee clapt in 
Irons w"'' was accordingly done then were the stocks and pillory over- 
turned and throwne into the river by this rabble part of y" deponents 
magazine and estate in whatever specie wherever to bee found, Havocked 
at y'' pleasure and the rabble being still influenced by y* s'' Culpeper, Craf- 
ord, Durant, Jenkins &c (the fores'* Gillam being alsoe there countenancing 
this rout with his drink & presence) tliey upbraided his Maj'^^ proclamations 
and L'*^ Prop''' authority, and there Lordshipps much threatened also by the 
s** Culpeper, Durant, Craford especially the said Craford said (which this 
deponent heard with his owne ears) that if y* Gov"" came among them 
there or the Lords either, they would serve tliem y" same sauce or words 
to that purpose and at tliis stand tlie ral)ble stood (onely still sending out 
scouts and partyes, either to threaten, seize, disarm imprison or chase out 
of j" Country all in authority or office or any else that \vould not Joyn 
with y"') till about 4 or 5 days after up came y^ afores'' Foster with his 
party from y" Lower precinct called Carituck bringing with them as y'' 
prisoner the afores* M'' Henry Hudson Dep'^ Collecto'' for his Maj'^" 
there, upon whose coming they suddenly elected a parliament out of this 
medley as a confused rabble (making their drumer one of y° burgesses) 
consisting of about 18 persons, this parliam' seperated 5 of y* members 
vid : the fors* Jenkins, Blunt, Craford, White and Bird (since deceased) 
to Joyne with y^ afbrs* Foster to make up one Juncto or Court and this 
Court so called took upon y™ Jndiciall authority and sate as y° supream 
Court upon 2 of y'' L*' Prop''^ deputyes vid : Cap* Tymothy Biggs dep- 
uty for y" right hon'''''^ the Earle of Craven, whom they accused of mur- 
der and M"" John Nixon Deputy to S" Peter Colleton M'hom the}- also 
accused of treason and then brought y'' dejjonent before y™ in Irons pull- 
ing of his hat and then upon him impanelled a Jury (as they called it) 
out of this rabble, the foreman whereof was one Mordslay Bouden a New 
England trader and one much indebted to his Majesty the rest scarce 4 of 
32 



282 COLONIAL RECORDS. 



them could read or write and this Jury without any law or statute with 
y° were sent out with such articles and Inditements as John Culpeper 
their Cheif Councillour and scribe and George Durant their Atturney 
generall had contrived ag'' y' deponent w"*" Jury quickly returned again 
with what y* s* Culpeper had ordered him to do as y' foreman openly 
blurted out in their Court and upon this they ordered their sheriffe to 
impaunell a petty Jury, who being stark drunk as y" deponent himself 
saw went about sumoning of y'" hee intended should have been y° Jurors 
on y° deponents life wlio were both scandalous infamous and illiterate 
persons and were resolved y° (as y* deponent conceives) to have taken 
away his life for little else could y* deponent hear from y" but tlie threats 
vows and bloody oathes of stabbing hanging, pistolling or poysoning 
but notwithstanding all this was then prevented by y° coming in of y^ 
Govern" proclamation, which hee from Virginia (being there arrived 
some 8 or 9 dayes before) at y^ very nick of tyme sent in, although it was 
by y' s** Culpeper corruptly abbreviated and transcribed and so by him 
published to the rabble the originall (w"" was under y' s* Gov'' hand 
and scale) not suffered to bee seen or published to the Inhabitants and 
then they took order and sent a guard of y* soldiers to oppose the Gov"' 
coming in and to dispose of y^ Kings Concernes making y' s"* 
Culpeper Collect' and to comitt the deponent close prisoner in Irons 
as hee was and y^ rest '^ y" authority also prison'' to sev- 
erall places apart the fbrs* Court and Parliam' broke of for y* tyme 
and went to their homes and thereupon immediately as some were going 
■ in their way they were highly entertained by y' s* Gillam on board his 
shipp y^ s* Gillam very joyfully fireing of severall great guns to accom- 
modate the frolick amongst y' rest y" deponent saw y* s*^ Foster, Craford, 
Culpeper with y' s** Gillam in a boat together going on board y'' s* Gillam's 
shipp and suddaenly after this y' s* Gillam (\A'hen hee saw what was done 
about y^ govern') opened store and traded with y' Insurrecto" chiefly and 
further y* deponent saith that y' Gov' afores"* was kept out till hee dyed in 
Virginia w* was about 4 or 5 weeks after, upon whose death y' s* Insurrect" 
called y" parliament again but now to bee held at one Jenkins his house 
where was present also Capt. Zach. Gillam among y"" together with y*^ s'' 
Culpeper George Durant, John Willoughby, Richard Foster, James 
Blunt, Wm. Craford and the rest where (as it after appeared by y" mani- 
festation of their actions) it was by y" decreed, to build a Loghouse 10 
or 11 foot square to inclose y' deponent and to keep him from pen, ink 
and paper and all accesse of friendes and then to supervise y' Records 
and the deponents papers w""" they had in custody embezeling w' they 



COLONIAL RECORDS. 283 



pleased of y™ and then to send 2 Agents as they called y™ to England 
and one forthw"" by reason Capt. Tym. Biggs, Deputy for the Earle of 
Craven had made an escape for England w°'' agent (as y® s'' Craford and 
others informed y° deponent) was credited by y" s"* Capt. Gil lam with 
money by bills of exchange to carry on y** businesse till hee came home 
w**" George Durant the other Agent whom hee then carryed with him and 
in y° mean tyme to put y' Country in a military posture to oppose all 
till y* return of y" agents afores'* and thus affaires have been carryed on 
to y* great damage of his Maj'^ y" Lords Prop''^ and sundry of his Ma- 
jestyes Leige subjects both there and in y° neighbouring Plantations by 
reason sunday fugitives have been entertained among the Albemarle In- 
surrectors &c. And further saith not. 

THO: MILLER 

1679-80 
Jur : 3L die Januar 1679 
coram 

W MOUNTAGU. 



[B. p. R O. Col: Ent: Book. No. 20. p. 140.] 



Whitohall 8"^ February 1679. 
Wee had comissioned M"" Seth Sothell to be Governor of our County 
of Albamarle and did not doubt but by his prudence he would have 
remydied the disorders that have been amongst you and established such 
quiet and good Government that men of Estates might have been 
incouraged to come to you and adventure their estates there whereby 
trade would have been increased and you plentifully suplyed with all 
things but he being taken by the Turkes and carried into Argier, that 
you might not be without Government Wee have thought fitt that M'' 
John Harvey should be president of the Councill and execute the author- 
ity of the Governor untill the arrivall of M"" .Sothell with you, or that 
wee shall otherwise direct herewith wee send you our Instructions our 
temporary Laws and fundamental! Constitutions which are to be your 
guide in the Government of our said County and wee hope that your 
owne Interest as well as our Injunctions will induce you to use your 
utmost endeavours to settle order and quiet amongst you without which 
you can never ex^jcct an increase of strength or trade which considera- 
tions wee liope will so farr prevail that wee shall not be constrained to 



284 COLONIAL RECORDS. 



use force to reduce the seditious to reason the good and welfare of all 
the Inhabitants of our province being what wee most desire and not the 
taking away any mans life and Estate. 

To the Governor and Councell of the 

Coimty of Albamarle in the Province 

of Carolina. 



[B. P. K. O. Colonial Entry Bk. No. 106. p. 118.] 

AT THE COMMITTEE OF TRADE & PLANTATIONS AT 
THE COUNCIL CHAMBER AT WHITEHALL SAT- 
URDAY THE 8'" OF FEB'y 1679 (-80) 

Present 
Prince Rupert Earl of Bath 

Lord Privy Seale Earl of Sunderland 

Duke of Albemarle Earl of Essex 

Marq. of Worcester M' Hyde 

Earlc of Bridgewater M' Sec^ Coventry 

M"" Seymour. 
In pursuance of an Order of the 4"" inst appointing the Committee to 
examine the business of the late Rebellion in Carolina and the seizure of 
his Maj'^' Customes by John Culpeper and others, the Lords Prop" of 
that Province are called in, viz: the Earl of Shaftesbury, Earl of Craven 
and S' Peter Colleton, Whereupon the Earl of Shaftesbury assured the 
Committee that speedy care should be taken to furnish their Lo^^ with a 
copie of tlieir Patent and an Answer to their Lo'''' Circular letter and In- 
quiries transmitted to them .sometime past. 

After whii-h entering into the matter of the Rebellion his Lo'' informs 
the Committee that about tiie year l(j77 the Proprietors sent over one 
Eastchurch to bee their Gov' of Albemarle County who staying some 
time at Antego deputed M"" Miller (who was besides Collector of the 
King's Customes and his Lo'''' Deputy) to goe and settle the Country 
after whose arrival the Reljellion broke out. That Miller is no Sectary 
but given to drink, and tiiat the accusation of High Treason was brought 
against him spightfuUy and out of malice That upon his arrivall hee 
undertook to modell the Parliament there which gave the peojjle occasion 
to oppose and imin-ison him Whereupon M"' Durant Capt Guillam and 



COLONIAL RECORDS. 285 



Culpeper agreed together to defraud the King of his Customes. The 
Proprietors doe further promise to send the Committee a particular Nar- 
rative of the Rebellion. 

S' Richard Temple one of y° Comm'= of the Customs attends and de- 
clares that Culpeper had noe authority to seize the King's customs, 
Whereupon an account of the Customs seized by Culpeper is read which 
M' Miller had delivered upon oath to the Commiss'' of the Customs 
amounting to £1242 8' 1"* and 81^7 Hogsheads to which Culpeper replies 
that there was a lawful Assembly set up by whose authority hee did act, 
and that the people of Carolina agreed upon him as their Collector after 
the imprisonment of M' Miller as a Collector had been appointed by the 
Country in Virginia after the death of Mr. Bland. 

The Lords Proprietors acquaint the C*ommittee that the authority 
which constituted Culpeper Collector in the place of Miller was rebellion 
Whereupon M' INIiller produces a paper written with Culpeper's own 
hand forbidding all persons to meddle with the Customs besides himself 
which hee had posted up upon reading whereof Culpeper says it was his 
Proclamation and excepts against the testimony of M' Miller as being 
Traitors against the King. 

M' Hudson, M'' Summers and M' Tayler being sworn depose that 
Culpeper did abett the Rebellion and incite the people against the King 
and the Proprietors and that all the Proprietors Deputys were imprisoned 
Ijy the Rebells except Foster who joyned with them. 

After the examination of y" witnesses Culpeper desires hee may bee 
tryed in Carolina, and if that may not bee granted him hee acknowl- 
edges the fact and begs His Maj*^' pardon which hee hopes hee may the 
more deserve since at his first arrival in England, hee waited on the Com- 
missioners of the Customs and gave them a true account of the King's 
customs in Carolina and promised to make payment of them. 

The Lords Pi-oprietors inform the Committee that the C!ountry is now 
quieted and propose that the persons that were guilty of seizing and dis- 
turbing the King's Customs may bee obliged to reimburse the King and 
not the whole C(»untry by a Tax to bee laid on tliem. 

And the CJonunissioners recommend to the Committee that Culpeper 
may not bee pardoned till the King bee satisfyed for his Customs. 

The Lords direct C\vpt. Gilliam who is accused by M' Miller and others 
to have had a hand in the Rebellion to attend on Munday next in order 
to his examination. 



286 COLONIAL RECOKDS. 



[B. P. R. O. Colonial Papers.] 

SIR P. COLLETON TO M"" BLATHWAIT 9 FEBRUARY 

1679-80. 

8% 

The bearer hereof will give you a Narrative of the passages of Albe- 
marle as they have apeared to the Proprietors by letters & inf(jrraatIons 
of '^sons come from thence with which I should have waited on you 
myselfe but that I am so extreamely ill of the gout that I am not able to 
stand w"*" I ho])e will excuse 

Yo"^ humble servant 

P COLLETON 
this 9* of 

February 1679 



[B. P. R. O. Colonial Papers.] 

THE CASE BETWEEN THOMAS MILLER COLLECTO' OF 
HIS MAJ'= CUSTOMES & CAPT. ZACHARIAH GILHAM 
CULPEPER DURANT CRAFORD & OTHERS 
PRINCIPAL AUTORS & ACTORS IN Y« 
LATE COMOTION AND DISTURB- 
ANCES THAT WERE IN THE 
NORTHERN PART OF THE 
PROVINCE OF 
CAROLINA 

M' Cartwright (who was related to M"" Vice Chamberlaine one of y* 
Proprietors) being Govern'' of y° Northern part of Carolina & being re- 
turn'* for England & having left y* Governm* there in ill order & worse 
hands the Propriet" resolved to send another Govern' & such a one if 
they could be fortunate in their choyce as would put in execution their 
Instructions ord"'^ & designes The form' Govern' having very much failed 
them especially in 2 poynts — The first was the incouraging of the New 
England Trade there — The 2* was their discouraging the planting on the 
south side of the river Albemarle. The latter was extreamely the inter- 
est of the Proprieto" but crost allwayes by y* Govern'^ & some of y® 



COLONIAL RECORDS. 287 



cheife of y° Country who had ingrosit y^ Indian trade to themselves & 
feared that it would be intercepted by those that should plant farther 
amongst them. The illness of y' harbours was the cause that this North- 
ern p"' of Carolina had no other vent for their Comodityes but either 
by Virginia whei'e they paid dutyes to y*' Governm* or to New England 
who were the onely imediate Traders w* them; And ventur'd in, in 
small Vessells & had soe raanadg'd their affayres that they brought their 
goods att very lowe rates, eate out & ruln'd y'^ place, defrauded y*^ King 
of his Customes & yet gcjveru** the people ag* their t)wne Interest, to cure 
those evills the Prop" made elioyce of one M' Eastehurch to be their 
Govern"^ a Gent" of a good fame & related to the Lord Trea'' Clifford 
who had recommended him to y" Prop" formerly for that place & had y" 
promise of severall of us. In Summer 1677 we dispatched away the s'* 
M'' Eastehurch together with M"' Miller who was y° K*^ officer and made 
by us one of our Deputyes It happeu'd soe y' they went not directly for 
Virginia but took their passage in a ship bound for Nevis where M"^ 
Eastehurch lighting upon a woman y' was a considerable fortune took 
hold of the oppei'tunity marryed her and dispatched away M'' Miller for 
Carolina to settle affayres against his comeing who carry ed with him y" 
Comission of y' Lds Prop" to their Deputyes and Comission from M'^ 
Eastehurch himself that made Miller Presid' of y" Councill untill his 
arrival and gave him very full and ample powers. Miller aniveing in 
Carolina with these Comissions is quyetly received into y" Governm* & 
submitted to not onely as Gov'" but y" K=''' Ct^illecto'' in y'^ discharg of w* 
duty as Collecto'' he made a %'ery considerable progress. But as Govern'' 
he did many extravagant things, making strange limitations for y" choyce 
of y^ Parliam' gitting pow" in his hands of laying fynes, w"'' tis to be 
feared he neither did nor meant to use moderately sending out strange 
warrants to bring some of y*" most considerable men of y^ Country alive 
or dead before him, setting a sume of money upon their heads : these 
proceedings having startled and disaffected the people towards him there 
arrives Capt. Zachariah Gilliam with a very pretty vessell of some force 
and together with him Durant and about the same time Culpeper they 
brought with them severall Armes yv"^ were for Trade in y^ Country and 
findeing that Miller had lost his reputation & interest amongst y'' people 
stirr'd up a Comotion seized him and all the writings belonging to y^ 
Prop" and all the Tobacco & writings belonging to y° Kings Customes, 
imploying y* K*' Tobacco towards y^ charge of maintaining & support- 
ing their unlawful actions And w"*" aggravated the matter very much 
Durant had in England sometyme before this Voyage declared to some 



288 COLONIAL RECORDS. 



uf y* Pnjp™ that P^astclmrcli sliould not be Governo"' & threatened to 
revolt. Capt. Gilham was a fitt man for his turn liaviiig been turn'd out 
by some of v^ Prop" of a consideral)le imployiu' in Hudson's Bay wherein 
lie liad very mneli abused them. 

Culjieper was a very ill man liaving- some tyme before tied from South 
Carolina where he was in danger of liang^ for laying the designe & 
indeavonring to sett the poore people to plunder the rich. These with 
Crafurd & some oth' New England men had a designe (as we conceive) 
to. gitt y° trade of this part of y" Country into their hands for some 
years att least And not onely defraud the King of all his Customes but 
buy the goods of y' Inhabitants att their owne rates for they gave not to 
them above halfe the valine for their goods of w'*" the Virginians sold 
theirs for. 

Not long after this imprisonment of jNIiller & that these generall men 
had formed themselves into w* M'' Culpeper calls y^ Govern' of y° C'oun- 
try by their owne authority & according to their owne modell, M"" East- 
church arrives in Virginia whose authority & Comission they had not 
V* least colour to dispute & yet they kept him out l)y force of armes soe 
that he was forced to apply to the then Goverif of A^'irginia for aid and 
assistance from him to reduce them w°^ had been accordingly donne but 
y' Eastchurch unfortunately dyes of a feavour Presently after this these 
Gentlemen that had usurped y^ Govern' & cast of and imprisoned our 
Deputyes that would not comply w"" them sends over 2 Coiiiiss''^ in their 
names to promise all obedience to y" Lds Propr^ but insisting very highly 
for right against Miller. The Prop''^ perswaded one of their owne 
jMem'"'^ M"' Southwell to goe over & he Gover""" himselfe to whonie they 
promised the utmost submission (he being a very sober discreet gentle- 
man) & was allsoe authorized from y' Comiss''^ of y' Customes to take 
care of y" Kings concerns there which wee conceive he would have set- 
tled in very good order but that he \vas unfortunately taken by y' Turks 
in his passage thither, And upon ^vhome the settlem' cjf the j^lace very 
much depends it being a very difticult matter to gitt a man of worth and 
trust to go thither. His redemption is every day expected and in y'^ 
meanewhile we have dispatched one INI"' Holden with Comissions & Deputa- 
tions for the Govern'' to those that we did imadgiue would manage it with 
most moderation who sends us word that all is now quyett & peaceable 
But his Maj'^ ought to have an exact ace' and reparation for the damadges 
donne in his Customes and his officers repayed the charge of w"'' ought 



COLONIAL RECORDS. 289 



in reason to fall iirincipally upon those that have been the eheife Actors 

in it. 

(Indorsed) 

The Ckse of T. Miller, Z. Gilhani &c eoneern° The Rebellion of Car- 
olina 

Rec'' from S" P. Colleton 
the 9* of Feb'-y 

1679-80. 



[B. P. K. O. Colonial Papers.] 



THE AFFIDAVIT OF EDWARD COOKE MARIN' WHO 
DEPOSED SAITH 

That in May 1676 this Deponent being then in Albemarle in Carolina 
did see M' Thomas Miller then and'' a guard of soldiers a prison"^ upon an 
accusation of seditious or treasonable words as reporte went for w* they 
were carrieng him from thence into Virginia to be tryed by S'' Wm. 
Berkly and his Counsell. And further this depon' saith that in .lune fol- 
lowing he sawe y' s* Miller in Virginia who after he was acquitted of y^ 
s* accusations gott out his pass and in July following came on board the 
shipp Constant of London Capt. Jacob Hayes Command' this depon' 
then being one of the said Hayes mates of y* shipp and the said Miller 
came home in the shipp with us that voyage and further saith not 

EDWARD COOKE 

None die februarii 79 

jurat cor : me 

RoBT. Clayton Mayo' 



[B. P. R. O. Colonial Papers.] 

The affadavitt of Henry Hudson aged o4 yeares or therabouts Saith 
That in July 75 this deponent being att the house of one M' Jo" Jen- 
kins in Albemarle County in Carolina did then and thier both here and 
see a designe Contriveing and Carrying on by Jo" Culpeper Thomas 
Willis and the s* Jenkins wife against M' Thomas Miller privately in 



290 COLONIAL KECORLS. 



the s"* Jenkins Lodging & chamber where the s'^ Jenkins hiniselfe was 
sometimes drinking togeatlier w"" the aforementioned p'tyes w""" designs 
was to lay the s^ Miller nnd'' the imputation of speaking treasonable 
words and did also draw in one Will" Cockin to the same who suddenly 
after (as was credibly reported) ran away und" horror of Conscience -as 
appeared by severall evidences thier my aifedavitt in this matter more 
amply then att p'sent I can in each circumstance recite I have alridy 
sworne too before y^ assembly of Albemarle afores'' in March 1675—6 for 
w""" accusation the s* Miller was Comitted in irt)ns a prissoner by y* s'^ 
Jenkins and remaind a long time after a prissoner untill upon the man- 
date of S' W" Berkeley the s* Miller was in May 1676 sent prissoner 
into Virginia for tryall before y° s^ S' Will™ Berkeley & Counsell thier 
where the s* Miller in the afores* yeare was cleared and acquitted of the 
afores'* Imputato" as did appeare to the Deponent by a Coppy of the Or- 
der of the said Sr Will" Berkeley & Counsell dated at James Towne and 
attested by M'' Henry Hartwell Clark of the Counsell thier w''' was 
brought the Deponent by the hands of Timo. Biggs Esq. Deputy for the 
Earle of Craven who was att that time "^sonally p''sent with y* s'* Miller 
in Virginia as he told this dejjonent w"** said Coppy the Deponent hath 
now left with his other papers in Albemarle aforesaid And further the 
Deponent saith that the said ISIiller upon his goeing for England the 
aforets'' yeare sent order to the Deponent who was then the Atturney of 
the s* Miller appointed by y° Court for secnreing the s* Millei's estate 
that he should lay actions of Consperacy att the suite of the s'^ Miller 
against the said Culpeper Willis and othei's w"'' this deponent accordingly 
did and further this deponent saith that after the returne of the said 
Miller out of England into Albemarle againe in y'' yeare 77 that the said 
Action of Consperacy upon the humble submission of the s* Culpeper 
by his letter and petition to y° said Miller was lett fall and further the 
deponent saith that the very accusation about treason now brought against 
the s'* Miller since y° rebellion broke out in Albemarle Dec. 77 was y' very 
same for w"'' y^ s"" ]\Iiller was tryed & acquitted in y' yeare 76 in Virginia 
as afores* and further the deponent saith Willis and Cockin the two afores'* 
Wittnesses against the s* Miller were run away out of the Country long- 
before the s* Millers returne out of England and further saith not 

HEN. HUDSON 
Jurat 16° die Februarii 
Au6 D"' 1679 Coram 

H. Gregory 



COLONIAL RECORDS. 291 



[B. P. R. O. Colonial Papers.] 



[Wm. BLATHWAYT] TO M' GUY "AB' THE MEETING OF 

Y« LORDS PROPRIETORS OF CAROLINA AND 

YE COMM" OF Y» CUSTOMES" 19'" 

FEB'^ 1679-80. 

CouNCiLL Chamb-- 19 Feb^ 1679-80 
S' 

Capt. Gilham \\lio stands acciiseil by M' Miller late Collect'' of his 
Maj'y' Customs in Carolina for having abetted a Rebellion and contrib- 
uted to y" eiubezlein' of his Ma*' Customs there was this day examined 
by the Lords of y" Committee of Ti\ide & Plantations But their Lord"^' 
finding no direct proof ag* him have left him under an obligation of 
further attendance in case any proof shall be hereafter brought ag" 
him And in y° meantime their Lord"" have desired the Lords Prop" of 
Carolina and the Comm" of y^ Customs to meet & confer together in 
order t(j agree on some proposal for resetling that government & the 
peaceable & due collection of his Ma*"' Customs in that Province and to 
make report, thereof unto the Committee which therefore I impart unto 
you that y' Right Hon"" the Lords Comm'' of his Maj'^' Treasury 
may please to give directions to y^ Comm""' of y" Customs accordingly 
I am with all respect. 



[B. P. R. O. Colonial Papers.] 



THE AFFIDAVIT OF TIMOTHY BIGGS OF THE COUNTY 
OF ALBEMARLE IN THE PROVINC^E OF CAROLINA. 

That some tyme in the yeare 1675 was sent into the County of Albe- 
marle als Roanoake in the province of Carolina a Box directed to the 
gov'^n' or deputy Governo"" of the s* place in w"** was a Comission to one 
Copely & an other to one Birch, the one to bee Collecf & y* other Sur- 
veyo' for the Collecting A certaine dutie off 1* f ft imposed by Act of 
Parlem' upon Tobacco &c. transported to New England or any oth'" o£ 
his Ma"'' Collonies in America & w^'all A letter from the Coffiiss''' of his 
Ma"'' customes in England Directing the Govern' that in case the s"* 
Copely & Birch were not in the Country that then the s* Governo' 
should place other persons in their Roomes & to looke after the Collect- 



292 COLONIAL RECORDS. 



ing the s'' Revenue, -w''' order,'? the then speaker instead ul' A Gu\'ei'uo'^ 
w'^ the Assistance of tlie Counsell goeing about to put in Execution were 
underhand or clandestinlie oposed tlierein by one Crawford w"" others &' 
some New England Men then there tradeing the s*^ Crawford endeavour- 
ing to ."^swade the people that it would be a great inconvenience for to 
submit to this paym' and that the New England Men did intend to raise 
their Comodities double if such payni' of 1* "^ ft were exacted from them, 
Upon ^\'^^ the people were very mutunous and reviled & threatened y° 
Members ofl' the Counsell that were for settleing y* s** duty however y° s** 
duty was setled and one Bird apointed Collecto' who went on collecting 
y" same untill the yeare 1676 In w""" yeare there being A warr w"" y* 
Indians & the people of the s'* Countrey for y' reason in armes they were 
perswaded by Geo. Durant, A'alentine Bird the Collecto'' & one White 
w"* others to fforce the Governo'' to reniitt to the New England men (by 
whose hands \\'ere brought to them all sorts of English Comodities) three 
farthings of the s'* 1'^ ^ ft) the s*^ Durant haveing then a considerable 
quantitie of Tobacco to receive & w"*" hee was to shipp for New England 
as this Deponant hath heard the s^ Durant say 

In July 1677 M"" Tho. Miller arived in the s** County bringing w"" him 
A Commission to himself to bee Collecto"' of the s* Duty & also A Letf 
from his JNIa"* comanding y* Governo"" ^ all other Offic''" to bee assisting 
to him in Collecting the s^ duty & calling all other former officers to 
accompt and also A commission from M' Tho. Eastchurch y* Governo"" 
of the s'* County for him the s'* Miller to bee Presid' of the Counsell of 
y* said County and Comand' in clieife dureing the absence of the said 
Eastchurch who with the assistance of the Counsell of the s* Countie re- 
settled the Collecting of the a^ Duty & called the form' Collecto' to ac- 
compt for what he had rece'' and all people haveing quietly submitted to 
the same tt the New England Men complied in payeinge their duty & 
this Deponent who was Commissionated by the aforesaid Thomas Miller 
to bee one of his Deputie Collecto"^ had rece'^ about 100 Hogsheads of 
Tobacco for his Ma""^ account and had seized severall parcells of goods 
judged to be imported contrary to Law w'"" was done without anie oposi- 
tion w"*" quiet posture of Collecting his Maj'"^ s'* Duty continued untill 
the Arrivall of one Capt. Guillam from London on Saturday the last of 
Novemb"' or P' of December 77 in «hose shipp came the afores** Geo. 
Durant from London alst> upon whose comeing the afores* Crawford 
Bird and sever;,dl other went on Board the s'^ shipp to the s** Durant & on 
tlie jNIonday following one ^A'elIs and severall others by the ^swasion of 
tlie said Bird came with MusquettstS: swords to tlie h(mseof this Depou- 



COLONIAL RECORDS. 293 



eiit and broke open Cliests & Locks and violently tooke away the said 
Millers Coniission ct Instrnctions for collecting the s"* duty of l"* f lb and 
the Records of the s'' C'ounty w°'' were there & carried them to the afore 
menconed Crawfords house and Vallentine Bird with one Will" Seeres & 
Will" Je^ings w**" a party of armed Men seized upon this Deponent, the 
afores** Tho. Miller & J"" Nixon Esq' a Member of the Counsell & tooke 
from them all their papers and kept them close prison" not suifering 
them to speak w"" anie Body or one w"* the other & then sent out parties 
to secure y' rest of his Maj"'' Collecto" and all the Memb" of the Coun- 
sell and other officers y' would not submitt to them, some of w'*' were 
seized & others fled into Virginia, and the s"* Rebells tooke into their 
possession the Tobacco that had beene reced upon the s'* duty of l"" '^ ib 
and also the goods that had beene seized for haveing beene imported into 
y" s^ County contrary to the Acts of trade and Navigation. After w'" 
the s"* Crawford together w"" y' s"* Durant w*'' others who then openly 
joyned w"" them did with their party who had beene furnished with new 
Armes from on Board y' s'^ Guillams shipp Convey the s'^ Tho. Miller 
Jn° Nixon and this Deponent & severall others who had beene brought in 
prison" to the house off the s'^ George Durant and there kept them close 
prison"' and often threatened to hang them, haveing sett up A Court tt 
governm' after their owne fashion. But this Deponent ffindinge an oper- 
tunity made his escape and fled into Virginia and from thence came into 
England and left the s'^ Tho. Miller in Irons w'" severall others of his 
Maj'"^' Collecto'' and other officers prison""' and whilest this Deponent 
was kept A prison'' New England vessells went thence w*"" Toba"" w"'out 
paying y' s** duty & further saith not. 

TIM° BIGGS 
in or about May 79 

This is a True Coppy of my ai'fidavitt w''' I delivered in y^ p'sence of 
y" Duke of Albemarle unto y' IJ Tresurer by ord^'-of y'' Lds Propriat" 
of Carolina the w'*" they perused & ord"^"" that I should draw a petition to 
the Kings Ma"" & Counscill & upon a Counscill day that I should p'"sent 
it the w"*" y' Lds Prop" afores* at a meeting ord'^'' mee to proceed in 
apoynting y" Tyme saying as many of them as were of the Counscill 
would be p'^sent at p'senting it & forward mee in it But before the time 
apoynted the s* L*' mett a monge them selves & for some Reasons best 
known to themselves Comanded & ordered mee to desist 

This is for a trouth 

Given und"" my hand this lo"" Aug* 1(379 

TIM" BIGGS 
Dep'^ for y° Earle of C^raven 



294 COLONIAL RECORDS. 



I the subscrib"* doe Averr and am ready to be deposed y' y^ attestation 
and averrm' above said and p''te on the other side to the deliv""^ and ten- 
der of y' aforementioned Aflidavitt be the hand writeing of M"' Timothy 
Biggs 

jno TAYLOR 

1679 



[B. P. R. O. CoLONiAi. Papers.] 



ANSWER OF CAPT. GTLLAM READ THE 19'" OF FEB'^ 

1679-80. 

Zaehariah Gillam makes Answer to y' charge bronglit against him by 
M' Thomas Miller, as far as he can reraemb'' and saith 

That he knew not of any distnrbanee in y^ C'onntry npon his arrivall 
thair bnt afterwards what happened among them lie was not concerned' 
in, nor did att that time know y* occasion. 

That he knew not of M"' Millers Imprisonment nntill near 2 days after 
it was done, being on board his owne ship all that time. 

That he forboare to sell any goods, not knowing who to trnst but 
rather than goe away with his ship Empty (w"'' if done would have bin 
great loss to his Marchants) he sold his goods for Tobacco & Skins which 
came for England & paid his Ma''°, near two thousand pound Custom, 
which his Ma*'* never before Received directly or indirectly since that 
province was seated as hea heard of As to his going Armed ; The first 
daye he came into y° Country, he tendered an Entry to M"" Thomas Mil- 
ler who was his Ma"*' Collector theare, he Asked him what tobaco he car- 
ried out of y* Country ye year before, he told him neare 180 hhds y" s* Mil- 
ler made answer y' he must have one penny '^ ib. for itt, Gillam made 
answer y' he had paid the King his Custom in EngP & did not judge 
his Ma"* desired his Custom twice (w*'' payment he proft'ered to make 
apeare by y* ships Entrys & clearings in England & Sertificate of thair 
bonds) he y* said Miller told him he would be paid before y* shipp went 
out of y* Countiy, on whicli he told him y* he arrested him & told him 
it shold be nobly done for he would doe it himselfe & Imprisoned all his 
boats Crew & seased his papers & then \vent on board his shipp Armed 
with two pistolls & presented one of them to y' breast of his Mate 
Cockt & laden as by Evidence maye apeare. y* time near all at night. 

The said Gillam went y* next morning & had his papers delivered to 
him noe man Coming into y* house but himselfe That he supplyd y' 



COLONIAT. KECOKDS. 295 



Countrv w"" Arms & Amnnitioii for their defence Against y° Heathen 
w"*" I had done v° }'ear before & y* year since <& sokl other goods to those 
persons I knew Responcible but would not trust others untill I saw what 
thair paye was. 

That being at y® Court when IVP Miller was question'd tliear (for trea- 
sonable words) it was his bisones to speake with y" Inhaljitants they 
being his customers w"*" is usuall in those Countrys y° pe])ell living far 
distant & could thair dispatch as uiueh bisones in one Daye as he could 
otherwayes in a weeke 

That his given drinke to y" peopell it was as they was customers to 
him (noe otherwayes) & RP Miller had his sheare of itt. 

That M"^ Miller chai'ges him with his Imprisonment on board y" ship 
y° said Gillam was then on shoare & knew nothing of his Restraint on 
board but when y'^ said Gillam came on board being neare 1 2 at night & 
told him he was wellcome to goe or staye & gave him what Accomoda- 
tion y' ship would Afbrd 

ZACK: GILLAM. 



[B. P. R. O. Colonial Papers.] 



PETITION OF TIMO BIGGS TO THE KING 

[19 February 1679-80.] 
To the most mighty and Serreine Prince Charles the Second and Great 
Kinge off England Scotland France & Ireland Defender of the faith 
&c 

The most submiss and Humble Pettition of Timo Biggs Comp'' and 
Survay'' Gen^" of Yo' Ma*"' Customs in Albemarle County in the Prov- 
ince of Carolina & dep'^ for the Rt. Hon'"' the Earle of Craven one of 
the Lords Propriatt" Therof 

With all Humility most Humbly sheweth That yo' Pittitioner w"" 
three of the Lords Propriatt" Dep'^^' & yo' Ma"*' Colecf^ & all his officers 
& the officers of the Governm' were one the 4"" day of December in y' 
yeare 1677 were by a siditious ifactious & Rebelious Rable mustered in 
Armes vialently seazed & imprisoned & all y' would not joyne w*"" them 
were forced for refuge sake to fly in to Virginia who wer also of y* Gov- 
erm' & Parlam* upon false pretences & suggestions as the inclosed depo- 
sition will manifest to trouth of w'^ are severall Evidences — the w"*" was 
by his Grace the Duke of Albemarle delivered to the Lord Treasurer, 
In ord' to bringing it befor yo' Ma'^ & yo' Pittition' accordingly ordered 



296 COLONIAL RECORDS. 



there imto Butt after againe Comanded the Contrary & sent Bake after 
a great charge & trouble to j'o" pittitioner to Albemarle w''''out any Re- 
dresse where yo"' Pittitioner & loyall subjects have no safety but by und" 
unsufferable oppression as appeares at larg "^ y" inclosed being Copy of 
a Lett"^ to y" Propriat" for releafe but none appeareing 

Yo' most humble pittitioner in behalfe of himselfe & sondry other 
great Sufferors as well for protection ttbr yo" flFuter officers as discounti- 
nance to Rebellion.s w"" all Humilitye prayes yo'' Ma"' To take some 
sj)eedy course & care to reduce y' same & satle the govern' on that firme 
Ibundation as may give discoridgeni' to such proceedings for y" ffutf 
Avhereby }'o'' subjects may be safe in the Injoyments of yo'' Rights & Lib- 
ertyes the w"** a vessell drawing seaven foot watt" w"" sixty men & tenn 
guns w"" ord'^ to Virginia Governi' assistance if occasion require will 
effect & w"'out w""" will no lawfull Govern* be obeyed & yo' pittioner as 
in duty bound will ever pra}' 

TIMO BIGGS 
1679. 



[B. P. R. O. Colonial Papers.] 

The affidavatt of Solomon Summers of Redrifie shi])pwrite in y° County 
of Surrey who deposed saith : 

That in or about y" middle of July 1677 carrieing M"" Tho. Miller 
from Burniudos to Albemarle in Carolina in a small shallopp calld y" 
Success fitted maned & set to sea upon y" cost acco' & adventure of y* s* 
Miller then as his Ma'"^ Collecf & concern'' alsoe for y" Lds Projjriat" 
as Comand' in cheife in all matt" Civill & Military in y" s"* County dur- 
ing y° absence of Tho. Eastchurch Esq'* then Gov' since deceased as by 
sundry Comissions Instructions & other writeings from y" Lds Propriat" 
y" Comiss""* of the Customes & y* s** Gov' w"^ y^ depon' saw did appeare and 
upon y° 2* or 3* day of y" s** Miller's arrivall there was great abuse & 
affronts offered to him in y" depon*^ sight & hearing (without any provo- 
cation given by y^ said Miller) by some of y*' inhabitants there (meerly 
as y' depon* conceives) by reason he was his Maj*''^ Collect' tt had power 
to call them to acco* for liis Maj'^ dues w* in y^ yeare before viz 76 they 
had deposed & had alsoe subverted y" tlien Govern' und' y*^ Lds Proprit" 
as y" depon* was there credibly informed the more jj'ticularly l)y one Patt 
White was the s'* Miller violently assaulted att one M' Rich : Fost's 
house v*" said \Miite & swearino- v' he could freelv run his knife 



C'()1.(XNIAL IJKCORDS. 297 



were itt nut for feare of y^ law into y" !>^ Miller & y' he would never 
have the Kings Customes settled there as long as he lived w"" many other 
words to this or worse purpose uttred by y" s'* White & his wife & others 
but V* s* Miller not much heeding tliose abuses but goeing further by 
into y' Conntry in prosecution of his ord"' in y* first place sommoned y° 
Assembly to appeare to whome he showed & in whose heareing (to this 
depon" certaine knowledge) he caused to be published all his fores* 
Comissions & Instructions & then reduced & quietly y° Indians setled y" 
Malitia brought y' Inhabitants to a good ord'' & peaceable decorum & 
lastly settled his Maj'-'^' aiFaires in reference to the customes & all this 
done w*''out v'' least dropp of bloodslied w""" peaceable & quiett posture 
of affaires to y*' then general satisfaction of y*' inhabit'" soe continued 
from July afores* notw^'standing the seditious designes of a few there 
till y* X.^^ following att which time upon y" arrivall of Capt. Zacli. Gil- 
lam from London w* store of armes & amunition on board his shipp a 
rebellion (as y"" depon' supposeth) broake out contrived & caried on by 
John Culpeper Rich'* Fost' Jno. Jenkins Ja. Blunt Jno Willoughby 
Wm. Crawford Geo. Durant Patt White & other their Confed''ates & 
New England Trad"' wherein (after y^ publique Records l)y a party of 
men in armes) being first seized w"" all y'* s** Millers publi([ue & private 
writeings &c. severall lockes being broake open in y" Action y° Govern' 
then settled & subverted all in authority & all other y" inhabitants y' 
would not jo^'ue in y' s* Action either menaced ov'awed assaulted dis- 
armed robbed seized & imprisoned or chased out of y' Country And about 
14 or 15 dayes after then first riseing tlius in Armes a generall rendezvous 
or meeting beeing held at y* afores** Durants house y* s'* Miller by beat of 
drum & a shout of one& all of y" rabble was accused of Blasphemy, Treason 
& though in all this time before there was not any such talke ag" the s** 
Miller as y' depon' heard butt all cjuiettly submitted to y* s* Miller & y" 
rest in authority soe long time as is afores'* upon w"^ by a 2'' shout of one 
& all of y' s* rabble y* s'* Miller was clapt in irons w"'' this depon' saw & 
further heard many irreverend speeches ag"' his Maj" Proclamations & 
some of them saing if y' Gov"" or Lds either were there they would serve 
them in like mann"" thereupon they pV^eeded to choose an Assembly (U- 
Parlam' soe called their drum'' being one of their Burgesses this Parlam' 
deputed 5 of their members to joyne w"* y* fores* Foster to make a Courte 
this Courte appoynted a Jury out of y' fores* rabble the foreman whereof 
was one Mordichy Bouden a New England traid' & one much indebted 
to his Maj'''" for Customes & upou their returne of y* s* Miller's charge 
or indictem" they were resolved to have put him to death for sev''all had 
34 



298 COLONIAL RECOEDS. 



vowed & sworne itt but att y* time y* coming in of y° Gov^'n'^s Procla- 
mation w"^ y^ afores* Ringleac?^ would nott permitt to be openly shewn 
& w"*" he sent in from Virginia to them he newly arriveing there, did 
p'vent itt Whereupon y* s'^ rabble desisted fi'om proceeding further w*'" y^ 
s* Miller's life only after seizing havockeing and embezzling his estate in 
w'ev'' specie whereAV* to be found & deprived him of y' use & benefitt 
of his stocke & plantations yea of his owue necessaryes committed him 
in irons & all y' rest of his Maj*^ Custome oflfic™ & almost all y* rest in 
authority close prisun" & sent a strong guard tti impede y^ s*^ Gov'^n'' 
comeing in amongst them till about 5 weekes after he died in Virginia in 
w"** juncture y* s* Culpeper assumeing y" title of his Maj*^^ Collect'' by y° 
promotion & asssistance of y* afores'^ his Complyces violently took his 
Maj*^ concernes out of y* s'^ Miller's hands p'* whereof y' was reced by 
y" s* Miller's orders & was allsoe marked for his Maj'^ use this depon' 
saw y* s** Culpeper scratch out y^ markes of sundry of y'^ Hogsheads and 
dispose of them to some New England traid" & others and further this 
depon* saith y* y* s* Capt. Zach : Gillam refusing to obey y' Gov'n" 
Proclamation w"*" as afores'' was sent in traided w"' y* s* Rebells & very 
frequent in C-ompany w"" them in those Confusions sent much Tobacco 
into Virginia this depon' being then in his employ although befor he y" 
s** Gillam would not open store to sell goods till he sawe w* was done 
aboute y'' s** Miller & y^ rest in authority and in May 1678 following 
this deponent deputed y' County w"" y"* s'* Gillam & left y' s'^ Miller in 
a logghouse 10 or 11 foote square purposely built for him close prison'^ 
& kept from all access of friends or humane converse none suffered to 
come neare him debarrd from pen inck & paper by y'^ s* Culpeper & his Com- 
plyces & this depon' a little before he came away was threatned his life 
if he offered to furnish him w"" writeing materialls or to come near y" s** 
Miller further this depon' saith at y^ time when s"* Miller was their pris- 
on' he sawe sundry Hds Tobacco shipt of by Josh. & Caleb lamb 2 New 
EngP traid" from y^ afores* C^rawford's plantation uud' y'' motion of 
Bate as the said Lambs did afterwards publiquely owne and boast of And 
furth'' this depon' saith y' about y^ time y" s** Culpeper was bound to New 
England w"" y* s* Gillams sonn viz: Benj. Gillam w"" a vessell load of 
Tobacco, and further saith not 

SOLOMON SUMMERS 
Jur' 31° die Januar: 1679 to the contents of the other side coram 
W" MouNTAGU. SOLOMON SUMMERS 



COLONIAL RECORDS. 299 



[B. P. R. O. Colonial Papers.] 



The Affidavit of Peter Bruekwell aged 28 years or thereabouts Saith 
That ill 8'"' 1G77 he came into Albemarle in Cai-olina where y' deponent 
knew M"" Thomas Miller owned as President and Command"' in Cheif of 
y" County und"' y^ Gov"" for y* Lds Propriet''* of the s*^ Province and was 
so obeyed by all in generall there & till the arrivall of -Capt. Zachariah 
(nllam in December that yeare upon whose Arrivall a great disturbance 
or Rebellion (as y* deponent humbly conceives) broke out wherein y" 
Deponent was forcibly concerned and taken out of his bed to go with a 
party of men in arms to seize y" publique records of y' County in the 
first place and then y° next day after that the said party of men seized 
the s'^ President and other of the Lords Prop'"'" deputyes prisoners and 
so kept them under a strong guard for about 14 or 15 dayes at one Wm. 
Crafords house against which house the said Gillam rid his shipp with 
Jack ancient flagg and penon flying and did also furnish the said party 
of men with new guns and scimiters from his shipp in the s"* action And 
when y^ afores"* President and the other Deputyes were carried round by 
water to George Durant's house (which was y" place appointed for y* 
generall meeting) in Company of severall boats of armed men y* s* Gil- 
lam's ship fired of 3 guns as they passed by and when they came to y^ 
s* Durant's house, the very next day the rabble there met, sent for a box 
belonging to y^ s"^ President which (as they said was hid in a tobacco 
hogshead wherein was aboundance of writings which the Deponent saw 
and then forthwith upon it by beat of drum and a shout of one and all 
they accused the s"* Miller of treason & other crimes, although till this 
tyme y' Deponent heard no mention made of treason ag" y* s** Miller and 
thereupon they clapt y'^ s** Miller in irons: then proceeded and out of the 
rabble chose y" Parliam' their drumer making one of them & then out of 
this Parliam* they seperated 5 of y* members namely John Jenkins Wm 
Craford Patricke White James Blunt and Valentine Bird (since deceased) 
to joyne with one M"^ Richard Foster to make a Court before whom they 
brought two of y' L*' Prop"" Deputyes who were accused by them for 
severall crimes w"*" the Deponent doth not now remember and then ap- 
pointed a grand Jury out of y^ s** Rabble and brought y^ s** M'' Miller 
also before them for treason and other matters w"^ imputation of treason 
y" s* Miller had been long before cleared and acquitted from by S" Wm. 
Berkly and Councill in Virginia as y" Deponent heard severall persons 
in those parts after affirme and further this Deponent saith that the said 
Capt. Gillam was severall days amongst the s"* Rabble at Durants house 



300 COLONIAL RECORDS. 



and the Depuueiit heard .-^everall of the sohUers .say that tlier wa^ a great 
deal of drink coming to y" upon y" said Gillams account and further the 
Deponent saith that he heard of y^ Govei'u" Proclamation w"'' was sent 
in from Virginia upon w"** y" s** rabble broke up and sent y' said Miller 
prisoner in Irons as hee was to y^ upp' end of Pasquotanck River at one 
old Wm. Jennings his house under a strong guard to whom none was 
admitted to speake except publiquely and a little while after y' Deponent 
saw y° s* M' Miller enclosed in a Logghouse about 10 or 11 foot square 
purposely built for him wherein he was kept fi'om all accesse of friends 
or humane converse del)arred from pen iuck and paper and y" other L*^ 
Dep'-^" that would not joyn in y° s^ action cofiiitted also prison" apart fn)m 
one another & some of y™ sent far from their homes And further the 
Deponent saith that one John Culpeper was ther cheif Scribe Councello'' 
& Collecto' and George Durant their Attorney Generall and one of y' 
Agents and one M'' John Willoughby anoth'' of y'' Agents, many things 
besides that were in those tymes done & acted by y' forementioned Par- 
tyes and y"" Confederates y* Deponent by reason lae was then sickly can- 
nt)t positively i-ememlier therefore at present farther saith not 

PETER BROCKWELL 
Jurat 16" die Februarii 
A"" D"' 1679 coram 

W GREGORY 



[B. P. R. O. Colonial Entry Bk. No. 106. p. 127.] 



AT THE COMMITTEE OF TRADE & PLANTATIONS IN 

THE COUNCIL CHAMBER AT WHITEHALL 

THURSDAY Y^ 19*" OF FEB^^ 

1679 (-80) 

Present 
Pi-ince Rupert Earl of Bridgewater 

Lord Privy Scale Earl of E.ssex. 

Duke of AUiemarle. S' Leolin Jenkins 

* * * * 

Capt. Gilham wlio is accused by M" Miller to have had a hand in the 
Rebelh'on of Carolina is called in as al.^oe the Lords Proprietors viz: the 
Earl of Shaftesbury and Earl of Craven and Sir Richard Temple one of 
the Commissiouei's of the Customs, Whereupon tlie information of Peter 



COLONIAL RECORDS. 301 



Brockell and Solomon Summers against Capt. Gilham as also Capt. Gil- 
ham's Answer are read, and Peter Brockell being sworn further says that 
hee can't see that Capt. Gilham did act in the Rebellion but that bee sold 
arms indifferently to all persons And Solomon Summers deposes that 
Capt. Gilham did often conferr with the Rebells and sold them arms and 
that hee did not obey the Proclamation for settling the Peace when it was 
delivered to him. 

Thomas Miller being alsoe sworne says that the person that seized him 
had Capt. Gilham's sword and that Capt. Bird, Capt. Crawford and Wil- 
liam Ne\-ill who were eminent in the Rebellion had alsoe swords from 
Gilham And that when upon the tirst arrival of Gilham hee went on 
board his ship hee was seized there and kept prisoner above an liour and 
a half after Capt. Gilham was on bord, and that hee said to him, Now 
you are my prisoner and that hee would not let him stirr unless it were 
to make water and that hee saw Crawford Forster and Durant come on 
board in company with Gilham and that they continued fii-ing and shoot- 
ing a long while. The affidavit of John Taylor is also read. 

To all which Capt. Gilham makes answer that hee had noe other con- 
versation with any person but as they were his customers and was in noe 
manner concerned there but to sell his goods and that Miller had been 
three hours in his shipp before hee came on board which was about 
twelve at night and that hee came hither in an insolent Hectoring man- 
ner and had free leave to goe off when he pleased. Capt. Gilham's son 
alsoe says that hee proffered Miller the long Boat to goe on shore which 
hee would not accept of. 

The Earl of Shaftesbury hereupon acquaints the Committee that fur- 
ther Informations concerning this Business were expected from Carolina 
which should be imparted to the Board. After which their Lo^* desire 
the Lords Proprietors and the Commiss" of the Customs to meet together 
and to agree on such rules and means as may bee necessary for the settle- 
ment of the Country and security of the King's Customs and offer them 
to y® Committee. 

Capt. Gilham is alsoe told that he must attend again at such times as 
hee shall bee called but that nevertheless hee may if occasion offer goe 
uj)on any employment at sea. 



302 COLONIAL RECORDS. 



PATENT FROM GOV. JENKINS. 

S' George Carteret Kn' And Baronet Vice Chamberlaine of his Maj- 
esties household one of the Ijords of liis Majesties most Honorable privie 
Conncell Pallatine of Carolina and the Rest of the true and Absolute 
Lortls and proprieto" of Carolina, To all persons to whome these pres- 
ents shall Come Greeting In our Lord God Everlasting, Know yee that 
wee the s* Lords and Absolute proprieto" According to our Create Deed 
l)ering date the first day of may Anno Dom 1668 Given to the County 
of Albemarle with the Great Scale of our province thereunto affixed, 
flfbr the holding of Tjands, and by Instructions Dated at white Hall the 
fifth day of fferuary 1678 remaining upon Record In the County of 
Albemarle In the Province of Can^lina, Doe lierebv Grant unto Robart 
Winleyof the said County plauto"^, A Plantation Containing two hundred 
and Eighty Acres of Land English Measure, Lying and Reeing In The 
Precinct of Shafitsburv In the s* County, Bound on the sontli East side 
of matacomaugh Creek beginning at a Marked Ash tree, standing on a 
pointe by a branch side, issuing out of the s** Creek which divideth this 
Land from the Land of Edward Smithick and Running northeast up 
the said Creek one hundred and forty pole to a marked Red oake then 
southeast by a Line of marked trees which divideth this Land, from the 
Land of John Taylers three hundred And twenty Pole to a Marked pine, 
then South West by a Line of marked Trees one hundred and forty pole, 
to a marked pokikory tree, then by Another Line of Marked trees three 
hundred and twenty pole to the first station, Includeing the aforesaid 
quantetie of Land, the said Land beeing due to the s* Robart Winley 
by and for the Transportation Into the county of Albemarle of five per- 
sons, whose names are upon Record under this pattent. To have and to 
hold the said plantation unto y° said Robart Winley his heirs and As- 
signes for ever, with priviledge of hawking hunting fishing and fowling. 
With all woods and trees, With what else is there standing Growing and 
beeing except the one halfe of all Gold and Silver mines, yielding and pay- 
ing therefore unto us and our heirs, and Successors yearly every twenty 
ninth Day of September According to the English Account, for Every 
fifty acres of Land herein' Granted, one shilling of Lawfull English 
Money, or the vallew theirof for every of the s*^ fifty acres to bee holden 
of us In free and common Soccage, provided always that If the said 
Land bee not seated within one yeare after the date hereof Then this pat- 
tent to bee voide, else to stand In full force, Given at M' George Durants 
house under the scale of the County of Albemarle this 29"* day of March 
beeing the Seventeenth yeare of our Possession of oiu* Province of Caro- 



COLONIAL RECORDS. 303 



liiia Aim" Dom 1680 Witnes Jolni Jenkins Esq' Governo"" and Com- 
mander in Chiefe of our said County and our Trusty and Welbeloved 
Councello", who have hereunto sett there hands the day and yeare aboves* 
Robart Whdey Pattent JOHN JENKINS 

RALPH COATES ANTHONY SLOKUM 

ROBART HOLDEN 
WILL CRAFORD 



[B. P. R. O. Colonial Papers.] 

To the Kings most Excellent Majestie The humble Peticon of Thomas 
Miller Sheweth 

That yo' Ma"' Iiaving been pleased upon y' Report of y'' Com""= of 
Lords for y' Plantacons to direct prosecution of John Culpeper for Trea- 
sons acted by him in y' late Rebellion in Carolina at w"*" Com**' severall 
of y' Lords Propriato'' did appear and declare that y' same was a noto- 
rious Rebellion & that their taking Armes, seizing y" Records in y'' 
Country, imprisoning foure or 5 of y"* Lords Deputyes & seizing all y' 
Tobacco Bonds & Bills in their hands relating to your Ma"'' Customes 
& all y" private Estates of y' persons imprisoned and calling and choos- 
ing a pretended Parliam' & setting up a pretended Court of Justice to 
try yo'' Pef & y' rest of y' persons imprisoned w"" all y' proceedino-s 
therein & going with Armes to oppose y' entrance of Mr. Eastchurch y' 
then Gov"' coming from Virginia thither (in all which proceedings y' said 
Culpeper was a notorious Ringleader) were undoubted treasons without 
any authority & against all y' Lawes & Constitutions of Carolina & par- 
ticularly y' Parliament there was illegall in its call, choice &c. And y« 
said Culpepers plea of acting by their authority not good & y« said 
Lords Proprieto"' did there undertake to manage y' said Prosequtions & 
reducing y' Country to y' obedience of y' Lawes w""" was also refered tt) 
them among other things by order of y' Com''' Nevertheless may it 
please yo"^ Ma"' at y' said Tryal y' Earle of Shaftesbury who had been 
present at y' afores* Transactions of y' Com*" & had beene y' mouth of 
y' Lords Propriato'^ in y' whole aftaire unexpectedly appeared at y' Tryall 
as a witness for y' Def & after that by 5 witnesses y' said Culpeper had 
liene proved guilty of all y' said Treasons before numerated to y' satis- 
faction both of y' Court and Jury, y' said Lord Shaftesbury in his Tes- 
timony for y' prison"" declared that there hath beene no legall Governm' 
ever settled in Albemarle & that neither y' said Gov'^ nor Governm' were 



MH COLONIAL RECORDS. 



legall aoconling to y" Coiii^titutioiis of Carolina and that therefore y° tak- 
ing of Arnie.s & acting against them eouUl not anujnnt to Treason, But 
tJiat y" Parliam' thus called by y" Rabble was a legall Parliam' by the 
Constitutions of Carolina y* people having a right to choose them at two 
years end w'iout any call and y' these matters were only feuds between 
y^ Planters & could amount to but a Riott whereupon y^ prison' was ac- 
quitted by y" Jury and Court And yo'' Pef with many others yo'' Ma*"*^ 
loyall subjects after all their sufferings not only left \\itliout remedy, but 
y^ authority of y' pretended Parliam* being thus justified y° illegall pro- 
ceedings against their lives & foi'tunes like to go on especially under 
y^ present Rebells y' have usurped y" authority. And one Robert Hol- 
deu whom y' Lords have sent to supply yo' Pet" place who being one of y° 
persons condemned as a Ringleader in y* late rebellion in Virginia has 
made it his business to close with y' rebells there to countenance their 
authority & proceeding in y* late Rebellion, espetially against yo' pef 
and all others y' continued faithfuU having at his first coming procured 
an Act of Oblivion to be procured by y° Gov' himselfe & twoe of them 
y' were Ringleaders in y" late Rebellion. And also hath proceeded against 
your Pet' in his absence for his escape and in an unhearde of way re- 
turned Jurys to try him and condemne him & transmitted copyes of y® 
pretended proofs against him to y" Com" of yo' Maj"^' Cust«mes& alsoe 
proceeded to y' banishing fineing ct imprisoning of all those that were 
sufferers et had opposed y^ late Rebellion And further y* Com'* of y° 
Customes in pursuance of an Order of y* said Coni*"^ having long since 
made Proposealls to y^ Lords Propriat" for y^ recovering Arrears of y" 
Customes tS: reparation oi" yo' Pet' their Collecto' and liis Deputies & for y^ 
better settlem' of y" Collection for y" future & prest their concurrence therein 
And y' their Lords'"* would take some effectuall (bourse for reducing y° 
country to y'' obedience of y" Law Xeverthelesse thei-e hath beene notii- 
ing done therein But their Lord""* seeme rather to countenance y" present 
settlement of things under y° Rebells by \\°^ not oidy yo' Pet' & y° other 
sufferers here but also all those y' have opposed y" Rebellion there (whose 
peticons also are sent home) are brought to their utmost dispair 

In tender Consideracon whereof most humbly Implores that yo' Maj"° 
would vouchsafe to take y' condition of yo' Pet' w**" y' rest of yo' Maj''** 
distressed subjects in Albemarle aforesaid into yo' Princely Consideration 
(*t direct such course thereupon for their Reliefe as yo' Ma"^ in yo' Princely 
wisdome shall thinke meete. And vo' Pet' (as in duty bound) shall ever 
jtrav &c. 

THO: MILLER 
June 29. 1680. 



COLONIAL RECORDS. 305 



Read in Councill, June 30*" 1680 Nothing done. Read y' 20 Nov. 
1680. 



[B. P. R. O. Colonial Papers.] 



PETITION OF THE INHABITANTS OF ALBEMARLE 
COUNTY TO THE KING 

[30 June 1680] 

To his most Sacred Majs'^ Charles the 2* King of England, Scoteland, 
France & Ireland Defend" of the Faith &c. 

The liumble Petition of y° Inhabitants of ^Vlljemarle County in Caro- 
lina, whose names are und' written 

Humbly 

Sheweth to 

y"^ Majesty 

That whereas yr Maj''^ Petition'^ have been great & grievous sufferers 
by y' Rebellion of Sev''all Audatious Infamous & Scandalous ^sons who 
have drawne Sev''all of y'' Ma'^"' poore & ignorant Subjectes into y^ same 
p^'dicam' w* them through their fals delusions, faire & plausible p'"tences, 
Insomuch y' y^ whole Country is now ov''swaied by y'^ said Rabble, 
And not withstanding y° Hon'^able Lords Propriet''' have Endeavored by 
sending M'' Seth Sothwell Govern'' to suppress y* s** Rebellion, Yet to our 
great greife & to your Ma'''* great loss & damninge in y"^ Customes 
through y° fals & ti'etchrous dealing & Combinations of their Agents w*" 
y° Lds prop'ters, y° same is hitherto obstructed and in all probability 
like so to continue Av'^out y" Maj'''" interposition to y° utf Ruine & de- 
struction of y' Ma'^°' Leige Subjects who for their Loyallty & fidelity to 
yo' Ma*'' have been & are in fear to be made y° objects of these mens 
furie & inhumane Cruelltyes : — 

Wee therfore in all humility pray y' Most gratious Ma*''^ assistance for 
y^ suppressing the said Rebels & y' upon y^ hearing our s* petition w"*" 
in a more ample manner setteth foi'th our case & grievances, y* y'' Ma*'' 
would be pleased for y® future to take such care & course as to y" most 
sacred wisdom shall seem most meet, as well for y° secnreing of us y" 
Ma*''* most Loyall and most distressed subjects & supplyants as of y' 
Ma*''* Customes fi'om the violence and Rapine of such Riotous disorderly 
persons as aforesaid. 

And we [as in duty bound] shall Evr pray 

JOHN STURGEON. ROBT. SCOTT 

ANDREW WALL WOOD. JOHN MORRIS 



306 COLONIAL RECORDS. 



JAMES LONG SEN' THOMAS KING 

WILL" FOSTER JNO. EDLEING 

JOHN WILLSON EDW. WADE 

RALPH FFLETCHE' THO. LEPPE' 

WILL-" VAUX JOS. SUTTON 

JOSHUAH SCOTT WM. HOGPEN 

ROBT. INKINSON MATH. CULLEN 

LAW. CONSALVOE THO. S-YMONS 

JOHN GILLCREST ZACH: NECKSON 

JOHN WALLIS JOSEPH PITTS 

ROBT. BENSLEY JOHN FFRITH 

JOHN LACY JA. LONG JUN' 
GEO. CASTLETON. 



[B. P. R. O. B. T. Va. 58.] 



THE LORD CULPEPERS LETTER TO M' ADAM KEEL- 
ING HIGH SHERIF OF LOWER NORFOLK 
COUNTY 

M"^ Keeling 

I send you a letter for the Governor and Government of Carolina, the 
safe conveyance of which yoii are to take effectual cai-e in : and some 
short, time afler the delivery thereof, You (as his Maj"'° high Sherif of 
the County of Lower Norfolk) are hereby required to List all such of 
the Inhabitants of Blackwater & Corritucks (as by the Laws of this 
Country are accounted Tithables) which hold their Lands by patent 
granted to them by his Majtys Governor of this Colony ; And likewise 
that you do demand and receive of them Quittrents for all Lands they 
so hold of this Government according to the value the Inhabitants of 
Your County of Lower Norfolk do pay for the Lands they liold in pro- 
portion to the quantity each man hath and also that you give to the 
Justices of your County a List of the Tithables by you taken of the 
Inhabitants of Blackwater & Corrituck to the intent they may be charged 
with payment of publick and County dues as is levyed upon each Tith- 
able of your County they being held to be part of your County of Lower 
Norfolk Your proceedings herein you are to give me an account of 
These commands you receive from me by the advice of the Council and 



COLONIAL RECORDS. 307 



at the instance of the House of Burgesses in the late lield Assembly. 
YoTu- due jjerforniance hereof I question not and so bid you farewell 

THO CULPEPER 
Green spring July the 3'" 1680. 



[B. P. R. O. B. T. Virginia. Vol. 58.] 



THE LORD CULPEPPER'S LETTERS TO THE GOVERNOR 
AND GOVERNMENT OF NORTH CAROLINA. 

Gentlemen 

About a month since I received a petition in the name of the Inhabi- 
tants of Blackwater and Carrotucke subscribed by many of the .same 
setting forth they are Inhabitants of right belonging to this his Majestys 
Colony and Dominion of Virginia and desire so to be received for that 
they hold their Land of his Majesty by patent granted unto them by his 
Maj"'' Governors of this Colony and under the Seal of the same Not- 
withstanding which they had been threatened and molested by you, I 
have therefore with the advice of the Council at this instance of the 
House of Burgesses given my order to the Sherif of Lower Norfolk 
County to take into his List of Tithables all such Inhabitants of Black- 
water and Corrituck as hold their Lands by patent from his Majtyes 
Governor of this Colony, and have commanded and required the said 
Sherif to demand and receive Quittrents for all such Lands so holden of 
this Goveriuuent, As likewise all such publick and County dues as is 
levyed on others the Inhabitants of the County of Lower Norfolk, Of 
which that you may have the knowledge, and to the intent the aforesaid 
Inhabitants of Blackwater & Currituck may not by your Demands be in 
any sort molested disturbed or Griev'd You receive this Letter it being a 
protection due from - 

THO CULPEPPER 
The g"" Julv 1680 



[B. P. R. O. Colonial Papers.] 



To the King's most Excellent Majestic. The humble Petition of 
Thomas Miller. 
Sheweth 



308 COLONIAL RECORDS. 



That whereas yoiu- Petitioner did on the 30"' day of June last exhibit a 
Petition to your Ma*^ in Councill, most humbly setting forth the deplorable 
Condition of himselfe, and diverse others yo' Ma'' most Loyall Subjects 
in Albemarle in Carolina, as their Petition then alsoe exhibited to yo' 
Ma*^ did declare, not only by our sufferings in the late Rebellion, but 
also under the p'sent usurped Governm' of the Rebells in Carolina still 
pursueing the destruction of yo' Pef and all others that have opposed 
them therein to all w°h (as yo' Pef is informed) no other answere was 
given tlien tiiat thei-e is a Governor goeing over thither from the Lords 
Prop"^ and thereby the matter no further debated, the w'^h answere (tho 
it implyes an owneing of the matter of fact complained of, yet it) leaves 
yo' distressed Pet' (who is alsoe Collector of yo' Ma** Customes there) 
and the rest of yo'' Ma*' greately oppressed Subjects in a manner remedi- 
less, because noe further Examination is had of this matter, nor provi- 
sion made for their reliefe, nor for the Settlem' of the Country nor Col- 
lection of yo'' Ma'' Customes there, whereby it now appears that some of 
the Lords designe no other then the continuance of the p'sent state of 
things there under the Rebells, who still continue prosecnteing yo'' Pef 
for his escape, and all those who have opposed them by heavy fines im- 
prisonmen' Banishm' loss of Eares &c. as yo'' Pef by sundry letters lately 
received thence is ready to make good. And all this meerely to justify 
the said Rebellion, and discourage all persons from seekeing any redress. 

You'' Pef therefore most humbly implores yo" Ma'^ either to grant an 
heareing of the said Petitioners & other papers relateing thereto in Coun- 
cell, or to referr theai to y" Committee of Lords for Plantations to ex- 
amine the same, & the p''sent state of things there and report the same to 
y' Ma'y together with what course the Lords Propri'" & Com"^ of yo' 
Ma*" Customes have or intend to take pursuant to an order of the said 
Committee upon a former Referrence from yo' Ma'^ for the reduceing 
the Country, rect)vering the Arreares, and future setlem' of the Collec- 
tion of the Customes and restauration of yo' Pe'" to their imploym*" & 
Estates, & repairation of the damages done to yo' Ma'^ in yo' Customes, 
& to yo' Pef' in the late Rebellion. To the end that yo' Ma'^ may grant 
such order for the future settlem' of things & for the releife of yo' Pet" 
and that before the dei)arture of this mentioned Governo' as to yo' Ma'-'' 
in yo' gratious wisdome shall seeme fitt & meet. 

And yo' Pef (as in Duty bound) shall ever pray &c. 

Petition of Thomas Miller about Carolina. 

R-* July 7-80 

Read in Councill July U'" 1680. 

Read Y' 20 Nov. 1680 



COLONIAL RECORDS. 309 



[B. P. R. O. Colonial Papers.] 



AT THE COURT AT WHITEHALL THIS 14'" DAY OF 
JULY 1680. 

Upon reading; this day at the Board tlie above Peticon of Thomas 
Miller his Ma'^ was pleased to Order That it be & it is hereby Referred 
unto the Right Hon*"'" the Lords of the Comittee for trade & plantation 
to the end their Lo^" may consider thereof. And report to his Ma'^' in 
Councill what they think fitt for his Ma'^ to doe therein, thereupon his 
Ma'^ will declare his farther pleasure. 

FRANCIS GWYN. 



[B. P. R. O. Colonial Papers.] 



Carolina. (Indorsed) 

DEPOSITIONS OF TIM. BIGS TOUCHING THE STATE 
OF AFFAIRS THERE. 

Rec^ from y' Comm''^ of y" Customs the 15*" of July 1680. 
B. B. 

P. 20. 

Tim° Biggs of the County of Albemarle Alias Ronoake in y*^ Prov- 
ince of Carolina deposeth 

That some tyme in y^ yeare 1675 was sent into y'' foi'es* County a boxe 
directed to The Gover"' or Deputy Govern"^ y'^of ; i" w* was Comissions 
& Instructions to one M'' Copely and M"" Birch y* one to be Collect' & 
y" other to be Survay' for the Colecting & manageing a cartaine duty 
of 1* ^ pound impost by act of parlara* upon tobacco &c. transported to 
N. England or any other of his Ma*'"^ Collonyes in America & w'" 
all a Lett"^ from y" Commissioners of his Maj''^^ Custcjras in England di- 
recting the Govern'' That in case y* s'* Copeley or Birch were not in y* 
Country, y' y" y* s** Gov"'n'' should place other persons to look after the 
Colecting y^ s^ Revenue w"" ord"'^ y^ Gov''n'^ w*" y° Assistance of the 
Counscill goeing About to put in Exeqution were und'hand opposed y''in 
by one Crawford w*" others & some N. England men then there trayde- 
ing, y^ .s** Crawford Endeavouring to '^swaid y" people it would be a 
Great Inconveniancy for y™ to submitt to this payment & y' y' N. Eng- 
land men would rayse ther Comodityes double if such paym' of 1'^ '^ 
pound were Exacted from them ; Upon which y" people were Mutinous 



310 COLONIAL RECORDS. 



& Reviled and threatened the members of the Counscill y* were for setle- 
ing the said dnty ; how Ever y* s* duty was sutled & one Bird appoynted 
for Colecting it who went on Colecting it nntill y° yeare 1676 in w"*" 
yeare ther being a Warr w"" the Indians & y* people for y' reason in 
Armes they were '^swaided by Geo : Durrant, Richard Foster Patricke 
Whitt & Vallentine Bird y* Colector w* divers others to force the Gov- 
erni' to remitt to y° New England men, by whose hands were brought 
unto y" all sortes of Eurojoiane Comodityes, three farthings of s"* penny 
'^ pound, the s** Durrant having then a considerable quantity of tobacco 
to Receive w""" he was to ship of to N. England as this deponent hath 
hard the s* Durrant say. 

In Jully 1677 M' Tho. Miller Arrived in y" s" County Brought w"" 
him a Comission for himselfe to be Colecf of y* s* duty & a Certificate 
from the Govern"" that he had '^formed what y' I^aw in his case Required 
& also a Letf from his Ma"^ Comauding y* Govern' & all other officers 
to be assisting to him in Colecting y' s* duty & ord" to call all other 
former officers to Acco" and also brouglit a Comission from M"" Tho. 
Eastchurch Gov'n'' of y° s* County for him the s"* Miller to be President 
of y* Counscill & comand' in Cheefe duringe the absence of y° s** East- 
church & y° s* Miller w"' the Assistance of the Counscill of y° s* County, 
Resatled the colecting of the s** Dutty & called the former Colecto'' to 
Ace" for w' hee had Receaved and all people seamed quiately to submitt 
to y' same & the New England men complyed in paying y® s* Duty : 
this Deponant was comissionated l)y the af ores'* Tho Miller to be one of 
his Dejmty colectors & had receaved upwards of a hundred hoxheads of 
Tobacco for his Ma''^ & had seized some parscells of goods Judged to be 
Imported from contrary to law The which was done w"'out any opposi- 
tion w"*" quiat posture of colecting his Ma*""' duty continued untill y' 
arrivall of one Capt Zackry Gillam on Satterday about y" last of "No- 
vember w* one Georg Durrant from London Upon whose comeing In 
the s** Bird Crawford & severall others went on board y*" said ship wher 
this said Durrant was & on Monday y^ 2'' Dec"" one Wells Nevell & 
divers others went to y^ house of this deponent w"' Muskets and swords 
& broke open Chists & Locks, useing viallence to y" deponants familly 
& forceably took away y" s** Millers Comissions & Instructions for his 
colecting y* s* duty & all the Records of the country w"'' wer by the 
Authority ord"* to be there & caryed them to y" forementioned Crawfords 
house And Yalentine Bird W" Sears fores'* Wells & Wm. Gineings who 
Crawford also joyned with & a party of armed men seized upon this 
deponant y° afores^ Tho Miller & M' Jno. Nixon memb" of y° councill 
& Governm' took from them all ther papers kept them close prisoners 



COLONIAL RECORDS. 311 



not suffering them to sjwak in private w"" auylxjdy ore one w"" the other 
& then sent out parties of arnied men to secur the Rest of his Ma""' Offi- 
cers & all the Members of y' Connscill Governm' & officers w"*" would 
not submit to or Joyne w"" them, some of w"'' wer seized & others fled into 
Virginia, they also Took into y"" possession all y' Tobacco y' had been 
Rec*^ for his Ma'" & the goods that had been seized fw haveing been Im- 
ported into y° s'^ county from X England Contraiy to Law or y° Act of 
Trayde & Navigation, after w°'' y° s* Crawford together w*'' Durrant Bird 
Wells Sears & Gineings who headed the Rest in Armes being newly fur- 
nished y'^w"' from on board y" s'' Gillams ship marched & convayed y" 
fores* prisoners w**" divers others To y" house of y^ s** Durrant, where 
this Rabble kept a court after ther maner. Kept y" y"" close prisoners off- 
ten Threetening to Try & hang them haveing set up a mocke Goverm' by 
force of men in Armes & p'ceed after y"" fashion, suffering New England 
vessells to depart w*"" Layding of Tobacco w^'out paying his Ma"^' duty 
& this deponant after seaven weeks Imprisonment w'^'out mittimus found 
oppertunity of escape fled to Virginia & from thence came to England 
to give an Ace' to his Ma"" & Lds P''p''t''^ of these Matt" Leaveing the s* 
Tho. Miller in Irons w"" Jn° Nixon & severall others his Ma""' & the 
couutryes officers prizoners & further at p''sent saith not 

London. 1678 TIMO. BIGGS. 



[B. P. R. O. Colonial Papers — Extract.] 



ViRG=^ 8 June 1680. 

ANSWER OF Y« ASSEMBLY TO Y« L"* CULPEPER'S 

SPEECH. ATT A GENERALL ASSEMBLY BE- 

GUNNE AT JAMES CTTTY THE 8* 

OF JUNE 1680. 

By the Councell & House of Burgesses. 
In concurring with his Excellencies Speech in demonstrating the Estate 
of affaires in Relation to the Indians & other things therein contained. 

And as evill accidents are seldome without their Concomitants, soe the 
Low price and Value of its only Cofuodity Tobacco doth aggrevate & 
heighten its misery, for tho' by God's blessing there is such plentie of it 
as might well support every man in his private capacitie & enable him 
to contribute liberally to the publique, whereby good Stypends might be 



312 COLON I AT. RECORDS. 



given to those in Military imployment & for the defence of the Conntry, 
yet such is the unhappiness of it tliat it will not supply the soldiers with 
cloathes for their wages nor arnies and amunition for the Service they are 
in, neither can the Country hope for any redress in this their deplorable 
Estate, unless by his Majesties most Sacred Authority the great quanti- 
ties of that Speice-(by some Expedient most agreable to his wisdome) be 
abated — 

Tes"" ROBERT BEA^ERLEY Clk Assembly 
Vera Copia 80 



[B. P. R. O. Colonial Papers.] 



SECRETARY OF VIRGINIA TO SEC. OF STATE JULY^ & 

AUG. 1680 

May it please your Hono" 

It is now neare six weeks since I gave your bono"' the troul)le of a 
Letter. I then informed an Assembly was suddenly to sitt, sumoned by 
his Excellency the Lord Culpeper ; the results of whose consultations 
(as it is my duty) I herewith send to your Hono" being severall Acts and 
Orders, together with an Address to his most sacred majesty, imploring 
his grace of a Cessation from planting Tobacco in the yeare 1681, a re- 
quest which seems to import such a diminution to his Majesties Customes 
in the yeare, that it may be feared itt carryes with itt, itts owne deniall, 
tho' for its imoderation wee are so imhappy as to plead our most impor- 
tant necessities ; to be our sole manufacture, and by which hitherto this 
Country hath only subsisted but now by the excessive quantities made, is 
soe under foot that itt will be impossilile for the Inhabitants longer to 
support themselves thereby, unless his Majesty will bee graciously pleased 
to enjoyn a Cessation, & thereby lessen the quantity & consa|uently ad- 
vance the price : By which wee may not only hope for that good, butt 
by the yeares imploym' in other aflfayres, our people may bee incouraged 
for the future, to divert part of their Labours, in carrying on some other 
manufactures & not solely depend upon that uncertayne comodity Tobacco, 
which at present is so low, that a whole yeares Crop will not advance to 
the ordinary planter whereby meanely to cloath himselfe and itt is to be 
feared another yeare will bring us to a more deplorable Condition, there 
being now upon the ground the greatest Crops that have been known, 
which when finished together with what remaines in that Country, will 



COLONIAL RFX'ORDS. 313 



be as much if not more, then tlic ships can carry, of, in two succeeding 
yearcs from whence itt dotli consequently follow, if a Cessation bee not 
the next yeares Labour in Tob : will bee totally spent in vayne 

James Citty Right hon*''" yo"^ 

July 9'" 1680 Hono" most hum"«' & 

devoted servant 

The dispicable & low price of Tob:° inclines the Inhabitants of this 
Contry to thinke of Cohabitation as a principall nieanes to abase the 
(luantity of the Comodity, and amend the quality, and the late Assembly 
hath made an Act to that purpose, but I much doubt itt may miss itts 
wished effect, if not totally miscarry, by the multiplicity of places ap- 
pointed for Townes, viz : one in every County. Butt if all ships were 
by his Majesty comanded to ride at one place in every great River, and 
in every of those places a Town to bee erected, the design would have the 
better prospect 

Right hon"' 
your most humble & devoted 

servant 



Aug" 20" 
1680. 



NICHO: SPENCER. 



[B. P. R. O. Colonial Papers.] 



[Indorsed] 

CAROLINA. INDICTMENT OF TH. MILLER REC^ FROM 

Y' COMM- OF Y« CUSTOMES THE 15 JULY 1680. 

Albemarle County in the ^ At a Grand Councell held for the County of 
Province of Carolina V Albemarle, y' Attorney Generall 'M' 
November 1679. j George Durant 

exhibited the subwritten Indictm' against Tho. Miller & the evidences 
to prove it & desired justice and that prosses of law might pass against 
him haveing Boraken prision 

Thomas Miller thou standest indicted by the name of Thomas Miller 
of this County Apothecary for that thou not having the feare of God 
before thine eies but being stirr** & moved bv v' Instigation of the Devell 
36 



314 COLONIAL RECORDS. 



& out of the Rancor & malice of thine hart forethought & didst in a 
Rebellious Trayterous manner at the house of Tho. Harris some time 
in or about the month of November 1673 utter & declare these fol- 
lowing words viz' That it was never good times in England the King 
came in nor never would so long as there was a King in England 
and at the House of Capt. James Blount did saj when discourse was 
about the Royall issue & report was the Duke of Yorke was dead that 
you hoped that som of the rest would not bee long after him & some 
time in the month of June 1676 at y'' House of the afores* Harris did 
utter & declare y' thou wouldst not loose thy life for y^ King nor for 
never a man that weares a Head & that y* King sometimes sett his peo- 
ple to fight in unrighteous causes & y* of all Religions in the world the 
Cavaleares were the veryest Rogues & that there were noe righteous 
dealing amongst them by reason the King had his hand in a whores 
plackett which words are contrary to y* peace of our Soveraign Lord y' 
King his Crown & Dignity & contrary to the forme of y° severall stat- 
utes in that case made & provided & to aggravate yo'' Crimes you have 
infamously abused our most illustrious L*" Proprlato'' & w*"" the abetters 
& assisters have broken prision & escap* to evade the stroke of justice 

GEORGE DURANT 

Attorn^ Gener"" 
Vera Copia. Roht. H(h.dkn, Sec''^ 

The Deposition of John Culpeper aged thirty one yeares or there- 
abouts saith ; that being at the house of Thomas Harris in or about 
November 1673 in discourse w'" Thomas Miller y" s'^ Miller then s" y' 
It never was good times in England since the King came in nor ever 
would be so long as there was a King in England w"*" words this deponent 
suddenly after declared to M' Jno. Nixon ])eing then a Magistrate & he 
made answer that I this deponent was but a single evidence & y' con- 
trarv to his advise tt councell y* s* Miller would bee allways talking of 
such matters or words to y* same elect ct further saith not 

Sworne before Lieut. JNO. CULPEPER. 

Col. Richard Foster. 

Vera Copia. Rob' Holden, Sec''^ 

Lawrance Gonzales aged 30 yeares or thereabouts deposeth & saith y' 
som three yeares agoe y" deponent being at Capt. Blounts some discourse 
riseing but how begun y"" deponent knoweth not but heard to y* best of 
y"" deponents knowledge talking of the Royall Issue y' some of them was 
dead & y' s* Miller s"* he hoped y' some of y" rest would not bee long 



COLONIAL RECORDS. 315 



after to y' deijonents best of his knowledge was y" Duke of York & y^ 
deponent further saith y* being a subject he infornietl Coll Jno. Jenkins 
of the same & further saith not 

LAWRANCE GONZALES 

Sworn before John Harvey Esq 

& Rich'' Foster Esq 
Vera Copia 

ROBT. HOLDEN Sec'^ 

The deposition of William Cockin aged 35 years or thereabouts who 
deposed saith y' about one month since at the honse of Tho. Harris he 
heard Thomas Miller express & say (without any provocation given as 
this deponent knoweth) to one there present George will you loose y"" life 
for the King, the s** George answered yes, had I as many as I have hares 
upon my head y" Miller answered thou art a fooll, why s^ George will 
you not loose y" life for the King noe answered Miller nor for any man 
that weares a head, why s'^ George what if the King should make you 
Captaine of one of his best shipes would you not then fight for him noe 
s'^ Miller except in a righteous cause, why s'* George doth the King sett 
his subjects to fight in unrighteous causes, y' s"* Miller answered some 
time he sets his people to fight in unrighteous causes, One Thomas Willis 
being by s'* if you were in place where you would bee cutt in peeces for 
that-vvordes further this deponent saith y^ s'^ Miller s** that there was noe 
righteous dealing among the Cavaleares for the King had his hand in a 
whores plackett & further saith not 

WILLIAM W COCKIN 

Sworne before me the 26"" July 1675 

John Jenkins Vera Copia Rob' Holden Sec'^ 

The deposition of Thomas Willis aged 28 yeares or thereabouts who 
deposed saith that all & every the M'ords artickles and sentences whicli 
are above expressed & sworn to by William Cockin are trueth & no- 
thing but the trueth & further the s* Miller expressed at the same time 
& said that of all Religions in y° world the Cavall" were the worst 
Rogues & y' there was no righteous dealing amongst them & further y' 
s'^ Miller s'', how can there be Righteous dealing amongst them when tlie 
King hath liis hand in a whores plackett & further saith not. 

THO. WILLIS 

Sworn before mee 

July 26'" 1675 Vera Copia 

John Jenkins Robt. Holden Secret''' 



316 COLONIAL RECORDS. 



The deposition of Diana Harris aged 32 yeares or tliereabouts saith 
that Thomas INIiller being in hir house in discourse s** y' of all Religions 
in the world the Cavall''' are the veriest rogues & Tho. Willis answered 
why soe & Thomas Miller replyed againe how can there be righteous 
dealing when y^ King hath his hand In a whores plackett & further saith 
not. hir 

DIANA X HARRIS 
marke 

Sworn to in C'ourt this 29"" March Vera 

1676. J°" Jenkins Esq" & acknowl- Copia 

edged before the Grand Councell by Robt. Hoi.den 

hir selfe held Noveml/ 1679 in y* Secret"^ 

County of Albemarle myselfe present 

The deposition of Jno. Davis aged 34 yeares or thereabouts saith y' the 
deponent being at his owne house & M"" Tho. Miller being there the s* 
Miller discoursing conserning the County s"* y' the Lords had granted 
that to the Countery that they would not grant him and that y^ s* Miller 
admired at my L** Ashley y' was as wise a man as any in England & y* 
s** Miller s'^ y' the L'^* was turned fooles or sotts or else they would not 
deal] soe unjustly by him & if he were in England he would tell them on 
it to there faces & further saith not 

JOHN DAVIS 

Sworn before the Grand Councell Novemb' 6"" 1679 Vera Copia 

Robt. Holden. Secret'^ 

All the above declarations apeared against him (the last deposition ex- 
cepted) before the Palatine Courtt held August last in the County of 
Albemarle present Jno. Harvey Esq. Governo'" now deceased, myselfe, 
Anthony Slocomb Esq'* James Hill Esq"''' & Thomas Biggs Esq'* & made 
good to his face whereupon the Gov' & myselfe signed his mittimus & 
comitted him to the custody of Tho. Leper a Marshall from whence he 
escaped by the assistance of James Hill Timothy Biggs Esq Jno Taylor 
Henery Hudson & som others, whereupon he was followed by hue & cry 
into Virginea & hee obtained the Gov' of Virginea S' Henry Chichly 
spetiall warrant under his hand & Scale (w"** hee have) to aprehend him, 
but he escaped thence in one Fen contrary to y* s^ spetiall warrant & 
Knowledge of s* Fen to whome the warrant was showne. There was 
allsoe at y' same time another indictm* exhibited against him for Blas- 
phemy w"*" is as followeth w"" the evidences. Tho. Miller thou standest 
indicted by y" name of Tho. Miller of this County Apothecary for not 



COLONIAL RECORDS, 317 



liaving the foare of God before thine eies but being stirred & moved by 
tlie instigation of the Devill on or about y' IS"" day of November 1675 
in most Atheistic-all & Blasphemous manner didst utter & declare these 
words or to y' same efect In speaking of the Sacram' of the Lds Supper 
y' is to say whats that a litle hogs wash putt in a piggs trough w'^'^ words 
were spoken at the House of M^ Francis Godfrey & are contrary to y^ 
Laws of God & our Soveraigne Lord the King his crown & dignity & 
against the forme of severall statutes in that case made & provided & to 
agravate y' crimes you w'" abett" & assisters have broken prision & es- 
caped to evade v* stroke of justice 

GEO. DURANT Atto"^ Gen" 

The deposition of Jno. Nixon aged 54 yeares or thereabouts Being at 
y° House of Francis Godfrey did heare a discourse between one Patrick 
Jackson & Thomas Miller about the s** Jackson going to Virginea y' s"* 
Miller did aiirme that Jackson was there to inform M' Druramond of y° 
afares of our country or words to y' purpose y^ s"" Jackson s*^ y' he M'ould 
lade it on his Sacram' y' it was notsoe, y' s* Miller s" y' hee looked on his 
Sacram' to bee but as a p'cell of Hoggs wash or words to that purpose & 
further saith not. 

J- NIXON. 

The deposition of Jno. Dye aged 47 yeares or thereabouts saith That 
y' deponent being at the house of M"^ Francis Godfrey about y^ first day 
November 1675 y' deponent heard Tho. Miller tax Patrick Jackson 
about carrying a letter into Virginea concerning him w'='' the s* Jackson 
denied he knew of no such matter saying he would lade the Sacram' of 
it to w"" the s* Miller replied y' Sacram' whats that a little Hoggs wash 
powred in a pigs trough and further y' deponent saith not 

JNO DYE 

Sworn before Richard Foster & John Dye owned this deposition be- 
foi-e the Grand Councell held in the County of Albemarle Novemb'' 
1679 

Vera Copia 

RoBT. HoLDEN, Secret'^ 



318 COLONIAL RECORDS. 



[B. P. E. O. Colonial Papers.] 



[Indorsed.] 

COPYS OF LETTERS FROM TIM. BIGS COMPTROLI/ OF 

THE CUSTOMS IN CAROLINA. 

V Rec'^ from y" Comm" of y" Customs 

the 15th of eJuly 1680. 
B B. 

P. 21. 

M' Robt. Holden, 

S' Being I have Rec* Acco" ft"om y" Comiss'" of his Ma''*^ Afaires & a 
dujjlicat of w' is sent you, as you liave y^ lyke of myne, I yesterday sent 
my Dep'^ M' Sam" Pricklove to discourse w"" you in severall Respects; 
In ord"' as I am Comanded for yo"' further Information becaus I would 
let nothing be undone on my part, but I am Informed that though hee 
offered himselfe to you in order y^'unto, yet you would take no notice 
of, nor did not speake w"" him. I have found und"^ yo"' hand that you 
have under written my deputy in liis officiateing his Ma"*' bussines that 
hee is none of his Ma""* officers. S"" you know I have power to deput a 
deputy & that I have deputed him y* w"'' was admitted of by y" Gov'n' 
Harvy & "^formed w' y* La\v in his Case Required & therefor I desyre 
as he is his Ma"" officer that he may proceed acordingly & Receive no 
opposition from y'selfe or any other or y' Reasons for the Contrary that 
fraud may be prevented. S' I doe alsoe desire you '^ him let mee have 
Aco" of yo'' proceedings in his Ma"*' service, you know his Ma"*' Letf to 
y* Gov'n'' \\'as only for to advize w"' the Survay'' Gin"' what places was 
proper for his Ma"** office & for vessells to come to be survayed at & it was 
C'Onclud on by y* Gov'n"' & Lords dep'^*' It shoidd be heare — so y' I 
expect y' all Vessells w* come in at Ronoak come up hither accordingly 
& for those y' Come in at Caratuk inlet I will take further care by my 
deputyes S' I am Informed you are a sending M' Edw. Wayde who 
was High Shreefe of this County, from hence or a banishing him ther is 
a matteriall Evidence for y* Kings Ma"* Touching what I am to assist 
you in foi- further Aco" of what Is due to his Ma"* Its not y'for Con- 
venient he be wantinge when tyme shall sarve for his Testifying his 
knowledge for his Ma"* This S' Is the needfull of my duty for his 
Ma"*' sarvices & all at present from yo"" friend 

TIM" BIGGS Compt" & Survay" Gen" 1679. 

Att my office on litle River poynt Albemarle Feb"'' 4'" 1679. 



COLONIAL RECORDS. 319 



The above is a True Copy of" a Lett"" sent to M'' Robt. Holden & d* 
by Richard Standerweek in the p^senee of Coll" Jno. Jenkins M' Jos. 
Seott tt Paul Latham at y' house of George Durant y' 4"' Feb"^^ 79 & y" 
s^ Standerweeke asked y° s** Holden for answer & liee Replyed he had 
nothing to do w"" y® s** Biggs or Standerweek Either vary Angrily & 
after '^useing it & so put it in his pocket as is witnessed this p''sent 
day f RICH'^ STANDERWEEKE 

Testis Tymo. Biggs. 
Sam" Peicklove. 

After this Reply, I sent my dep'^ on his bussines w*** a speciall warrant 
lieare lying two New England Vessells Layden & Cleared "^ 
to depart of w* This following is a True Coppy 
By y° Compt"^ & Survay'' Gen" 
Albemarle 
M' Sam" Pricklove 

S' I understand severall Vessells in this Country are upon departur 
& wheras I am informed M'' Holden hath und"^ written one of his Ma''°^ 
Officers for w'"" this day I sent To know his Reasous but he will send 
non & that fraud may be prevented These are in his Ma*'^^ name To will 
and Require you to Goe on board on all vessells as are afores*^ & see the 
Law in ther severall C'ases be ^formed & Executed according to vo"" 
office duty & instructions for w°^ this shall be yo'^' suffitient war' Given 
und"" my hand this 4"' of ffeb""^' 79 at my office I^itle River povnt 

TIM" BIGGS, Compt-^ & Survay-^ Gen" 

My deputy being upon y*' Execution of The afores* Warrant was 
■^sned & seized by the Grand Marshell of the Country by ord'' of v' 
Afores** Robt. Holden (as a Member of y" Govern') & w" he was acting 
y''iu was bawled away befor he coukl act his duty & earryed ashor kept 
close prisoner & the vessells departed w"'out any deue Survay &c. as 
Wittnes mv hand. 

TYM° BIGGS, Compt'"^&c. 

Upon which — I sent up to y" Authority y" mett w"" y" s* Holden at 
y'' place befor s* George Durrant house y"" Court house & his office the 
following lines as my protest ag" such proceedings — this being a True 
Coppy 



320 COLONIAL RECORDS. 



By Tim" Biggs, Dep''' To the Earle of Craven & Compt^""^ & Survay' 
Gen" of his Ma"^^ Customs 

These p'sents witness that I in "^snance of ord""' Rec* from ye Rt Wor- 
shipfull the Commissioners of liis Ma''*' Customs in London proceeded 
as is befor inserted & Expressed and am only not Answered by the Co- 
lect' but he hath oi*''* my deputy to be seized by y" Marshell of the 
County w" he was upon his Ma"*' Imploy & in the officiateing his office, 
& by Evidence to mee mayd carried him a way prizoner w**'out suffering 
ISIy s"* Dep'-" to do liis duty or had done his office by w"" his Ma'"' Con- 
sarnes is like to suffer & not only in tliat but Li y** Colecf^ sufferings (as 
one in Authority joyneing) in sending of or Banishing M' Pxlw. Waade 
High Shreefe, whoe is a very materiall Evidence for the Kinge & whither 
to, Is not yet made knowue, — 

I doe therfor for safety of my Security & Oath & Clearing myselfe 
Entre this Instrument of writing as my protest, ag" y* afores* Colect' 
M' Robert Holden & desyre tliis to be Recorded & attested to mee bake 
by y* Clarke of y* Court that it is so efected, that I may send it to Eng- 
land That my ma" may see my Readines & faitlifidnes in proceeding 
according to yo' ord"^ 

Given und' my hand at my office t)n litlc River poynt y* o"" Feb'' 
1679. TIM" BIGGS Compt &c 

All these l)efor writteings I sent as is Expressed to M"" Holden but 
could have no answer so I after sent y" to one in y* Authority w° y* satt 
as a palatine Court inch>sed to Capt. Willoughby who Is dep'^ to y' 
Earle of Shaftsbury c't Regester publique of the Country to request him 
to Cause y" to lie Recorded or if denyed it "^ y' Authority y' y" he und' 
his hand would signify the same as y' Coppy of his Letf hearew"" sent 
will informe (but he sends no answer) though promised he would. 

At my office on little River poynt Feb" 5th 1679. 
Much Hon"'^ S' 

I am joyfull you are come up to Court <& am thankfuU you stopt y' 
viallence some went w"* ag" mee I would gladly have vizited you, but am 
Resolved not to come to M' Durrants house upon any Aco" whatever 
haveing already given my sufficient reasons to y' Lords propriat" y'fore 
S' haveing Rec* Lett" from y* Rt. Worshipfull Comistioners of his Ma"*' 
Customs I proceeded w"' y* Colecf^ as heare Expressed you will '^ceive 
& I humbly Request you will be pleased the ord'ing y™ to bee Recorded & 
they sent mee Attested by the Clarke that it is soe Efected That thereby 



COLONIAL RECORDS. 321 



I may give y* inor Ample At-o" to my Ma""' The w'" S"' if Refussed & 
deiiyed "^ the Authority I then pray you -will as publique Regester for 
this County Attest y* denyall y'of under yo"" liand back w"" y^ inclosed 

S'' It is a vary hard Case that I Cannot imploy any Ingenious man in 
his Ma""' service — but he shall for one false pretence or other be displact by 
Arrests or otherwayes & w" in tlie due Plxeqution of y" Office — sS"" y" Kinges 
Ma"'' Lett' to y* Gov'n-- was for him to Advize w*" The Kings Survey' &c. 
of places proper for Vessells to com to for survay of & y' office to bee att & 
by y" Gov'n'" Harvey & Ld' dep'^' it was concluded on should bee heare to 
w"*" I have proceeded Accordingly & Expect y' all Vessells y' come in at 
Roanoak Inlett by this present Authority be ord'* Accordingly & not I 
to Come To y' Colect''' office for Certificats as hee thinks to force mee) 
but should find them on board Vessells or w**" goods Layden or unlayden 
afler Entrys mayd, Else all good w"'out such Certificates y' Entry is 
mayde y" ai'e seazable — I pray S"" you will please to take care my 
deputy M' Sam. Pricklove who at p'sent for w* I know not, Is a prisoner 
■p M' Holdens Ord'' y' he may have speedily a Tryall y' so hee may 
proceed to manage his Troust y* fraud may be prevented & y' y' Country 
may not want y' Land survayed he being my dep'^ on y' Aco" also & if 
he bee not EnuflPe I am Ready to deput more, for non can act y'in but 
by Comition from mee or a mor Imediate Comition from my ma' S' I 
should be glad to see you & Informe you amongst other things w' news 
I have from Whithall Touching M' Sothells Redemption & am S' Y' 
frind & Sarvant 

TIM° BIGGS 
1679 

This Lett' w"' y" inclosers d'' by M' Jonathan Whithall to Capt. Jno. 
Willoughby & after ^usall promised M' Whitthall he would send or 
bringe mee a Answer, at breaking up y' Court y" w""" y' s* Willoughby 
hath not '^formed to y' day & Court brok up 8 dayes sence y' 16 Feb'y 79 

Teste TIM° BIGGS. Compt' &c 

(Directed) Sondry Copys w"" a Lett' 
To Capt. Jno. Willoughby of 

Matt'= Relaites his Ma"'' affaires 
For y" Comittioners fuller 
Information 



37 



322 COLONIAL RECORDS. 



[B. P. R. O. Colonial Entry Bk. No. 106. p. 181.] 



AT THE COMMITTEE OF TRADE & PLANTATIONS IN 

THE COUNCIL CHAMBER AT WHITEHALL 

MUNDAY THE W OF JULY 1680. 

Present 
Lord President M' Hyde 
Earl of Bathe M"^ See"^^' Jenkins 

LTpon reading the petition of M' Miller concerning Carolina referred 
bv an Order of Council of the 14"' in.st it is thought fit that a copie of 
that petition and others lately presented by hira and received from Tim- 
othy Bigs Comptroller of the Customs in Carolina bee sent to the Lords 
Proprietors of that Province with directions that they attend the Com- 
mittee with their Answer on y* lO*"* of August next at ten in the morn- 
ing and that copies bee alsoe sent to the commissioners of the Customs 
and their Attendance required at the same time And whereas upon the 
19"" of February last the Lords Proprietors and the Commissioners of 
the Customs were desired by the Committee to meet and conferr together 
in order to agree on some proposal for resetling that government and the 
peaceable and due collection of His Maj""' Customs in that Province and 
to make Report thereof unto the Committee the Lords of the said Com- 
mittee doe therefore expect to receive the said Report fi'om the Lords 
Proprietors and Commissioners of the Customs at the same time. 



N. B. — There was no Meeting of the Board between ITtli August and 7th September. 

W. N. S. 



[B. P. R. O. Colonial Papers.] 

[Indorsed.] 
GOODS SHIPPED FROM CAROLINA TO LONDON. 

An Acco* of Tobaco shipped by Zachariah Gillam from Carolina for 

London & Holland on acco' of ^I' John Bi'owne M' Thomas Sands &c. 

lfi7fi-7 Hhds )^ Shipped on board y^ young Prince Capt. Robt Morris 

89. J Command"" for Holland who cleared at y^ He of Whight. 

91. ) Shipped in y^ William & Robt. Capf Giles Bond 

J Comand' for London. 



COLONIAL RECORDS. 323 



1 677-8 1 96. \ In y' Honor & Dorothy Capt° Jno. Moore Comani? for 
/ Holland who elear'd at y^ He of Whight. 
90. In y*" Kent for London Capt John Lynes 
107. In y^ St. Thomas for London Capt. Anthony Fen 
111. In y'' Carolina for Loudon Zachariah Gillani 
1678-9 173. In y'^ Carolina for London Zachariah Gillani 
32. In y^ Recovery for London William Hamond 



889 hhd.s y^ Totall 

ids 1 In y' I 
3 j of Wil 



hlids ]^ In y' Recovery for London William Hamond on ace' 
William Craford. 



[B. P. R. O. Colonial Papers.] 



SIR PETER COLLETON TO WM. BLATHWAYT 9. AUG. 

1680. 

ToNBRiDGE Wet.ls the 9* of Ana;. 1680. 
Sr ^ 

Haveing been of late indisposed my Physician advised mee to take 
Tonbridge waters for the regaineing my health and I was in hopes to 
have compleated the time p''8cribed mee to take them before the 19"" of 
Angnst bnt haveing had a toutcli of an Agne I was thereby constrained 
to leave takeing them for 8 days w'''' hath pntmee so much back, Where- 
fore humbly desire the favour of you if possible to obtaine of the Lords 
of the Comittee of Plantations 14 dayes time more for the answearing 
M'' Miller's Complaints for those papers that relate to that affair and that 
are not in the hands of my Loi'd of Shaftesbury are in my possession so that 
the Lords Proprietors of Cai-olina that are in London will not bee well 
able to answear M' Miller's petition without my being in towne & if I 
come to town the time for takeing the waters will be past w"'' may be 
very prejudiciall to my health, wherefore humbly begge your assistance 
in procuring the time I desire & that you will please by a line or two 
directed to mee to Tonl)ridge Wells to signifye to mee whether my re- 
quest be granted or no that I may govern ray selfe accordingly w"'' will 
infinitely oblidge (n, 

Yo'' most humble serv' 

P COLLETON 
[Indorsed.] 
From S"" P. Colleton ab' y* Business of Carolina. 



324 COLONIAL RECORDS. 



[B. P. R. O. B. T. Va. Vol. 58.] 



ORD' OF COUNCIL FOR COLLECTING LEVYS OF THE 
INHABITANTS OF CORRATUCK 

At a Council held at James City y' 25* of September 1680 
Present 

S"" Heniy Chieheley K°' Deputy Governor &c. 

Upon the reading tlie Letter from the Government of Carolina & (this 
letter nor remonstrance not to be found) Remonstrance therewith sent is 
ordered that M' Secretary transmitt y' same to his ExcelP^ the Lord Cul- 
peper that by his Lordship the same may be represented to his most 
sacred Majesty & most hono'''^ Lords of the privy Council And it is like- 
wise Oi'dered tliat pursuant to an order of the last Assembly the sheriff 
of Lower Norfolk County do proceed to collect Levys of the Inhabitants 
of Carrotuck as hold their Lands by patents from this Governments and 
that M'' Secretary write to hiui effectually therein. 



S' HENRY CHICHELEY'S LETTER TO THE SHERIF OF 
LOWER NORFOLK. 

M' Keeling 

How you was obstructed in the performance of your duty relateing- to 
vo'' taking a Ijist of Tithables as directed by his Exeellcys Ijette' pursu- 
ant to an order of Assembly, myself and the Council are well informed 
therein, with whose advice you receive this Letter being to require you 
to proceed in the collection of your Levy from the Inhabitants of 
Blackwater and Corrotuck as directed by his Excellencys letf upon the 
order of Assembly in which just proceedings it cannot be thought you 
should meet with any I^ett hinderance or molestation, but if any should 
presume under what pretence soever to obstrm-t or molest you, You are 
in that Case to signify the same unto me I am 

Your affectionate friend 

HENR CHICHELEY 

September y' 29"' 1()80 



COLONIAL RECORDS. 325 



[B. P. R. O. Colonial Papers.] 



PETITION OF TIMOTHY BIGGS TO THE EARL OF 
DANBY,. LORD TREASURER 

[20 Nov. 1680.] 

To the R' Houo"^ Tho. Earle of Danbv Ld High Treasur' off Eng- 
land, the humble petition off Timothy Biggs Deputy Collect' off his 
Maj"'' Customes in Albemarle als Roanoake in the province of Carolina 
authorized thereunto by Tho. Miller Esq. Comissioned chiefe Collecto' 
by yo'' Ldshippes order to the Comission" of his Maj*'*' Custome house 
in London. 
Sheweth 

That your petio' had reced about 100 hogshds of Tobacco on his 
Maj"'= acco' in the s'* County from the New England Men for 1* ^ ft C'us- 
tome on Tobacco transported thence and should have reced some weekes 
after about .300 Hogshds more w"*" were due on Arrears of w"** the s* 
Miller in order to his Instructions from the Comiss"^ made demand & 
had taken care for Vessells to shipj^ the same of: But several factious 
persons in the s"* Countrey in A rebellious maner about or on the 3''* dav 
off Decemb"" last, seized his Maj'"" Collecf and all his officers together w"* 
the Comand' in cheife of the s'* County and all the Meml/' of the Coun- 
sell & other Officers of the Governm' that would not submitt to or act 
w**" them iraprisoninge them, debaringe them of inke and paper or anie 
accesse off" friends to them, they seized and tooke from his Maj"^' Offi- 
cers all his Maj"^^ concernes there and suffered New England vessells to 
depart w^'out shewing or paying his Maj"^^ dews after w""" yo" petio' made 
his escape from his imprisonm' and hath taken this voyage to give yo'' 
Lordshipp A true state of this matter Most humbly praying yo"" Lord- 
shipp will bee pleased to consider his cai"e trouble and great charge 
herein and that w*"" new orders obedience may be comanded off those 
rebells and his Maj"^' dews received. 

And yo'' petio' shall ever pray &c. 

(Indorsed) 
Pet" of Tim. Biggs to the E. of Danby 

Read y* 20 Nov. 1680. 
B B 



Papers relateing to Biggs 
transactions when he 
was in England 1678 



P. 28. 



326 COLONIAL*RECORDS. 



This Petition by direction of y" U' P'p^t" I p'sented to y' Rt. Hon"' 
y* L** Tresurer about May 1678 In p''senee of his Grace y' Duke of Al- 
bemarle who upon '^u.sall of my petition & affidavit Or'd""* mee to draw 
a Petition To y^ Kings Majesty & Counscill & y* same w"" myn Affida- 
vit To p''sent unto them, but I was afterwards ord"^ by y" s"* Ld**' P'p't" 
for Reasons best known to themselves to disist. 

Given uiK? my liand y* lo**" Aug* 1079 

TIMO. BIGGS Dep'^ to y« Earle of Craven. 

I the subscribed doe Averr and am ready to be Deposed that the above 
written attestation and averm' concerning y' Deliv''y of the within Peti- 
tion is the hand of M"" Timothy Biggs 

JNO. TAYLOR 
1679. 



[B. P. R. O. Colonial Papers.] 



ANSWER OF THE LORDS PROPRIETORS OF CAROLINA 
READ THE 20 NOV. 1680. 

In obedience to yt/ I/ps coiiiand in yo'' ord'' of the 19''' of July we 
have perused the petitions of jSP Thomas Miller and jNP Timothy Biggs 
and some of the Inhal)itants of Albemarle in Carolina and according to 
the best information we can att present gctt linde the matter of fact they 
complaine of to be as followeth. — 

M' Thomas Miller without any legal! aidliority gott possession of the 
government of the County of Albemarle in Carolina in the yeare 1677 
and was for a tyme quyetly oljeyed but doeing many illegall and arbi- 
trary things and drinking often to excess and putting the people in gen- 
erall by his threats antl at'tions in great dread of their lives and estates 
and they as we suppose getting some knowledge that he had no legall 
authority tumultuously and disorderly imprison him and suddainly after 
M" Biggs and M' Nixon for adhering to M"^ Miller and abetting him in 
some of his actions and revive an accusation against M"" ]\Iiller of trea- 
sonable words for which he had been formerl}- imprison'd but never tryed 
And appoynt M"" Culpeper to receive the Kings Customes dureing the 
imprisonment of M" Miller and did many other tumultuous and irregu- 
lar things. M'' Bigs makes his escape and comes home to England and 
gives us informatit)n of these disorders upon w"'' we gott one M"" Seth 



COLONIAL RECORDS. 327 



Sothell who is iiitorestcd with us to iiiidertake tlie Government who 
being a sober moderate man and no way concerned in tlie factions and 
animosityes of the place we doubt not but wouUl settle all things well 
there and to \vhome we gave Instructions to examine into the past dis- 
orders and punish the offenders. And the Comiss''^ of his Maj'^ Cus- 
tomes gave him also a Comission to be Collecto'' of his ]\Iaj'' Customes 
in Albemarle but ]\I' Soutliell in his voyage thither was taken by the 
Turks and carry ed into Argiers. 

As soone as we heard of M'' Sothell's misfortune we sent a Comission 
to one M'' Harvev to be Gov'' untill M'' Sothel's arrivall there, whose 
release we speedily expected With this Comission went M' Robert Hol- 
den whoome the Comissioners of the Customes had appoynted C-ollec^tor 
of his Maj"*^ Customes in Albemarle in the roome of M'' Sothell ; both 
these Comissions as we are informed were quyetly and cherefully obeyed 
by the people and M"" Holden hath without any disturbance from the 
People collected his Maj**^ Customes there and sent part of it home to the 
Comissioners here and part of the Customes having been made use of by 
the people in the tyme of the disorders they have laid a Taxe upon them- 
selves for the repaying it to M"" Holden the present Collector 

Not long after the settleni' of the Govern m* in M"" Harvey he and the 
Council (as we are informed) did committ M"^ Miller againe in oi'der to 
the bringing him to a Tryall for the treasonable words he had formerly 
spoken, But M"" Miller breakes prison and comes for England And not 
long after M'' Bigs (who is by the Comissioners of the Customes ap- 
poynted Surveyor of his Ma'^' dues in Albemarle) and M' Holden the 
Collector quarrell among tliemselves and M'' Bigs witlidrawes himself 
from the Councill and perswades James Hill the Duke of Albemarle's 
Deputy to doe the same, hopeing thereby as we conceive to make a dis- 
turbance in the Governm' Since then M'' Harvey is dead and the Coun- 
cill have chosen Col. Jenkins to execute the place of Govern'' untill we 
shall appoynt another and all things as we ai-e informed hy letters from 
thence beareing date May June & July last are in quyet and his Maj*^*" 
Customes quyetly paid by the People, though M' Bigs hath endeavoured 
to interrupt the same together with some (jthers who being, as we are in- 
formed prosecuted for ayding M" Miller in his escape and other misde- 
meanors are withdrawn into Virginia and which we conceive are the per- 
sons whose names are to the Petition presented to his Majesty. And this 
is the truest ace" we are able to give your Lordships how the cases of M"^ 
Miller and M' Bigs appeares to us. And to prevent the like disorders 
for the future which hath been in great measure occasioned bv factions 



328 COLONIAL RECORDS. 



and animosityes in whicli most or all of" tlu' Inhabitants have been en- 
gaged 

We are sending Capt. Wilkinson thither rTOvern"^ to whoonie we shall 
give Instructions to examine into the past disorders and who being a 
Strang"^ and not concerned in the factions and animosityes we have reason 
to hope will manage things with moderation and doe equall justice to all 
partyes and we undertake will take care so to settle all things that his 
Maj'°° Customes shall be dnely paid to whomsoever shall be appoynted to 
collect the same. 

Notwithstanding we think it our dutye to infbrme your Lordships that 
we are of opinion M"" Miller being deeply ingaged in the Animosityes of 
the place and having by divers unjustifvable actions as we are informed 
(besides Indictments found against him) renderd himself lyable to the 
sutes of perticnlar persons for Injuryes donne them from which he can- 
not by Law be protected That a Strang'' will doe his Maj*^° better service 
in that Imployment than M'' Miller and more conduce to the continuation 
of the qiiyet of the place which we submit to yo"^ Lord''^ great prudence 
and rest 

Your L*ps most hum"" Serv'* 

CRAVEN 
SHAFTESBURY 

P COLLETON 



[B. P. R. O. Colonial Entry Bk. No. 106. p. 234.] 

AT THE COMMITTEE OF TRADE & PLANTATIONS IN 

THE COUNCIL CHAMBER AT WHITEHALL 

SATURDAY THE 20'" OF NOV 

1680. 

Present 
Earl of Sunderland. M'' Hyde 
Earl of Clarendon. L* Ch: Just: North 

Earl of Halifax. M"" Godolphin. 

The Lords Proprietors of Carolina viz : the Earl of Shaflesbury, Earl 
of Craven and S'' Peter Colleton attend in pursuance of directions signi- 
fyed to them by order of the Committee dated the 19* of July last 
whereby their Lordships and the Commissioners of the Customs were 
desired to meet and conferr together in order to agree on some propo.^al 



COLONIAL RECORDS. :i29 



for rest'tling tliat Government and the peaceable and dne collection of hi.s 
Maj''"^ Customs in that Province and to make report thereof unto the 
Committee And Thomas Miller Collector of the Customs there having 
presented divers petitions to his Maj'^ in Council concerning Carolina on 
the 14* of June and 30"' of July which had been thereupon transmitted 
to the Lords Proprietors the said Petitions are now read M" Miller being 
alsoe present After which the proi)osals made by the Commissioners of the 
Customs unto the Lords Proprietors containing three particulars concern- 
ing the Customs and His Maj"*' Officers are alsoe read together with the 
Answer of the Lords Proprietors upon the petitions of Thomas Miller 
and Timothy Bigs. • 

Divers other papers presented by M' Miller touching the late disorders 
in Carolina and the hardships hee and others of his Maj"^^ Officers had 
suffiired there are alsoe read as likewise several papers delivered by the 
Lords Proprietors concerning the behaviour of M'' Miller in Carolina. 

Upon consideration of the whole matter the Lords of the Committee 
think fitt that the Lords Proprietors and the Conmiissioners of the Cus- 
toms doe finally agree on the best method for the recovery of the arrears 
of Customs due to His Majesty and the collecticm of such as shall bee 
payable for the future To which the Lords Proprietors signify their 
consent and doe fui-ther promise according to what is proposed by the 
paper presented l)y the Commissioners of y" Customs to procure by their 
authority and influence in Carolina all just satisfaction to bee made unto 
Thomas Miller and the other officers of His Maj""' Customs for the losses 
they have injuriously sustained in that Country And also to use their 
utmost power to secure them from vexatious suits. 



[B. P. R. O. ('oLONiAL Papers.] 



COMM'^ [OF THE CUSTOMS] PROPOSALL FOR RECOVERY 
OF THE ARRE°ARS IN CAROLINA 15 APRIL 1680 

Read the 20 Nov' 1680 

Proposal Is for the Recovery of the Arreares of his Maj'' Custoraes 
in Albemarle in Carolina and for the Restitucon & Reperacon of the 
Estates of the Collector & his Depntyes Taken away and Damnifyed in 
the late Rebellion and for the future setling the Colleccons. 

Imp" For the recovery of the Arreares. 
38 



330 COLONIAL RECORDS. 



When y* Inhabitants of Albemarle shall be reduced to the due obe- 
dience of the Lawes by such Wayes & means as y' Lords Proprietors 
shall find necessary For that end that a Commission shall be issued forth 
by their Lo"" Authority to such as the Comm''" of the Customes shall 
nominate to enquire upon Oath what Tobacco in specie Bonds or other 
Specialtyes for Tobacco Monyes <&c. w"*" had been taken for the Kings 
dues by Tho. Miller Collecf or his Deputyes and was taken out of his 
or their hands in the late Rebellion aforesd to whose hands the same 
came at any time since & in whose hands they now are or any part thereof 
And by whome the same were at first Taken away or to ^hose use or 
uses whether Inhabitants or Foreighnei's the same or any part thereof 
hath been Conyerted As also to Enquire what dutyes have been since 
Collected and by whome And to call all "psons to Acco' who have inter- 
medled therew"' or received the same As also to Enquire what has been 
sent to other plantacons to escape the paym' of the Duty since the late 
Rebellion and by whome & to whome the same was sold and by whome 
y* same was shipped or carried away by sea To the End the Comm" of 
the Customes may be fully apprized of y® whole matter what is reasona- 
ble & what not & w' is fitt to be done ftirther therein Either as to p'se- 
cucon or Remission. 

2. For y^ Restitucon & Reparacon of y' Estates of y" Collector &c. 
That M'' Miller & his deputyes be restored to their Employm'' and Es- 
tates in whatever specie whereever to be found w"^ they had at the Time 
of the s^ Rebellion from them And be fully repaird or as ranch as may 
be for any damage done them in their Estates by sush l^sons to whose 
hands the same came or by whome they were Taken away or Embczled 
And to this End also That another Comission be issued forth to Enquire 
thereof And that if it be thought fitt That an Act of Oblivion y' as well 
the afores* Dutyes to the King as the Estate & damage of the Collecto'' 
& deputyes aforesaid be Exempted out of y* same And y' by y° s* Act or 
some other p'vision may be made for y' better recovery thereof And y' it 
may be made highly penall for the future to oppose such Collecons & 
Collectors. 

3. For the settling his Maj**^ Customes for y* future That y" Lawes 
made for y'' same be duely observed and put in Execucon And y' the 
Govern' & all in Authority be Enjoyn'd to give all Countenance and as- 
sistance thereunto. 



COLONIAL KECORDS. 331 



All w* is observed by y' Com" of his Maj'' Customes to y' Lo*' p'pria- 
tors of Carolina. 

RICHARD TEMPLE 
FR MILLINGTON 
JOHN UPTON 

Custome House London 15 Apr. 1680. 



RECORD OF CULPEPER'S TRIAL FOR TREASON. 



[B. P. R. O. Coram Rege Roll. 32 Charles 2. Trinity. Part 2. Roll 214.] 
Midd: 

Alias scilicet die Lnne proxima post Crastinura A.scencionis Domini 
nltimo preterit coram Domino Rege apud Westmonasterinm per Sacra- 
mentum duodecim Jnratornm proborum et legalinm hominum Comitatus 
predict! Jnratornm et oneratorum ad inquirendnm pro dicto Domino 
Rege et corpore Comitatns predicti presentatmn existit qnod qnidani 
Johannes Cnlpepper nnper de parochia sancte Margarette Westmonaste- 
rinm in Comitatn Midd : genero.sns nt falsns Proditor contra Serenissimnm 
Dominum nostrnm Carolnm secundnm Dei gracia Anglie Scocie Francie 
et Hibernie Regem fidei defensorem et uaturalem Dominnm suum Denm 
pre ocnlis snis non habens nee debit ligeancie sue ponderans sed motus 
et seductns Diabolica instigacione Cordialem dileccionera et veram debitam 
et natnralem obedienciam qnas veri et fideles Subditi dicti domini Regis 
erga dictum Dominum Regem gererent et de Jure gerere tenentnr penitus 
subtrahens et machinans et totis suis viribus intendens Guerram et 
Rebellionen contra dictum Dominum Regem in Carolina adtunc et adhuc 
existententes Dominium domini Regis in partibus transmarinis suscitare 
et movere et Gubernacionem dicti domini Regis ibidem subveiiere Et 
dictum Dominum Regem a regali potestate et Regimine suis ibidem 
deponere et deprivai'e tercio die Decembris Anno Regni dicti domini 
Regis nunc vicesimo nono FA diuersis aliis diebus et vicibus tam antea 
qnam po.stea apud Carolinam predictam in partibus transmarinis cum 
diversis aliis falsis Proditoribus Juratoribus ignotis compasisavit imagi- 
natns fuit et intendebat Gubernacionem dicti Dominii dicti domini Regis 
de Carolina predicta in partibus transmarinis predictis mutare alterare et 
penitus subvertere et Guerram et Rebellionem contra dictum Dominum 
Regem ibidem movere et levare et dictum Dominum Regem a regali potes- 
tate et Regimene suis ibidem deponere et deprivare Et ad easdem nefandis- 
simas Prodiciones et proditorum imaginaciones et proposita sua predicta 



332 COLONIAL RECORDS. 



perimplend : et perficiend : predictus Johannes Culpepper et alii falsi pro- 
ditores Juratoribus predictis ignoti dicto tercio die Decembris Anno vices- 
irao nono supradicto Et diversis aliis diebus et vicibns postea apud Caroli- 
nam predictam adtiine existentes Dominium dicti domini Regis in partibus 
transmarinis vi et armis diabolice malitiose et proditorie seipsos assem- 
blaverunt et cum vi armata adtuncet ibidem fecerunt et levaverunt Guer- 
rara Bellura et Rebellionem contra dictum Domiiuuu Regem Necnon 
adtunc et ibidem usurpaverunt contra dictum Doniinnm Regem Regalem 
Potestatem et regimen dicti dominii dicti domini Regis de Carolina pre- 
dicta Aceciani adtunc et ibidem absque aliqua legali authoritate ci-exerunt 
et constituerunt diversas Curias in forma Justicie Necnon adtunc et 
ibidem furati sunt et spoliaverunt dictum Dominum Regem et diversos 
Snbditos ejusdem domini Regis Juratoribus predictis ignotos de diversis 
Bonis et Catallis suis ibidem ad valenciam decem Mille librarnm legalis 
monete Anglie contra legiancie sue debit : Et contra pacem dicti domini 
Regis Coronam et dignitatem suas Necnon contra formam Statuti in 
hujusmodi casu edit: et provis: — Per quod prcceptnm fuit vicecomiti 
Comitatns predicti quod non omittat &c quin Caperet eum si &c ad 
respondendum &c — Et modo scilicet die Veneris proxima post Crasti- 
num sancte Trinitatis isto eodem Termino coram domino Rege apud 
Westmonasterium venit predictus Johannes Culpepper sub custodia Wil- 
lielmi Richardson generosi Custodis Gaole dicti domini Regis de New- 
gate virtute Brevis dicti domini Regis de habeas Corpus ad subjiciendum 
ei inde directi in cujus custodia ex causa predicta preantea commissus 
fuit ad Barram hie ductus in propria persona sua qui committitur Mar- 
rescalcie &c Et statim de premissis snperius ei impositis alloquutus qua- 
liter se velit inde acquietari dicit quod ipse in nullo est inde Culpabilis 
Et inde de bono et malo ponit se super Patriam Ideo veniat inde Jurata 
coram dicto domino Rege apud Westmonasterium die Veneris proxima 
post Octabas sancte Trinitatis per quos &c et qui &c ad recogn : &<• quia tam 
&c Idem dies datus est prefato Johanni Culpepper sub custo<lia i)refati Cus- 
todis Gaole dicti domini Regis de Newgate predicta interim commiss : salvo 
custodiend : quousque &c Ad quem diem coram domino Regeajjud West- 
monasterium venit predictus Johannes Culpepper sub Custodia predicti 
Willielmi Ricliardson Custodis gaole predicte in propria persona sua Et 
Juratores Jurate pre dictcper vicecomitem Comitatus Midd: predicti ad hoc 
impauellati examinati similiter veniunt qui ad veritatem de premissis dicen- 
dum electi triati et jurati dicunt super sacramentum suum quod predictus 
Johannes Culpepper non est Culpabilis de alta prodicione predicta in 
Iiidictamento predicto specificata prout idem Johannes superius placi- 



COLONIAL RECORDS. 333 



tando allegavit nee ea oeeasione nnquam se retraxit Ideo Consideratum 
est quod predictns Johannes Culpepper eat inde sine &e. 
Quietus sine die &e. 



1681. 

[B. P. R. O. Col: Ent: Book. No. 20. p. L56.] 

INSTRUCTIONS TO CAPTAIN HENRY WILKINSON GOV- 
ERNOR OF THAT PART OF THE PROVINCE OF 
CAROLINA THAT LYES 5. MILES SOUTH 
OF THE RIVER OF PEMPLICO AND 
FROM THENCE TO VIRGINIA. 

1. We haveino; agreed upon a Modell of Government whieli yon will 
find signed and sealed by us amongst the records of our County of Albe- 
marle to be the fundamentall Constitutions and forme of Government of 
our Province of Carolina for ever And not being able att present to putt 
it fully in practice by reason of want of Landgraves and Cassiques and a 
sufficient number of People However intending to come as nigh it as we 
can in the present state of affaires in all the Collonyes of our .said Pro- 
vince. 

2. You are required as soon as conveniently you can after the receipt 
of these our Instructions in our names to issue out writts, to the foure 
Precincts of the County of Albemarle requiring each of tiiem to elect five 
freeholders who are to be their Representatives : To whom the five per- 
sons chosen by us being added, and who for the present represent the 
Nobility are to be your A.ssembly. They having chosen a Speaker, you 
are in our names to require them to elect five persons who being joyned 
to those five deputed by us, are to be the Councell by whose advice and 
consent or at least the major parte t)f six of them all being summoned you 
are to Govern according to the Limitations and Instructions following 
Observing what can att present be put in practice of our fundamentall 
Constitutions and forme of Gcjvernment Which Councell for the present 
shall be in stead of the Grand Councell mentioned in our fundamentall 
Con.stitutions And to exercise the same Powers and jurisdictions the .said 
Grand Councell is to doe by our said fundamentall Constitutions and 
forme of Government and so to be and continue untill we shall otherwise 
direct. 



334 COLONIAL RECORDS. 



3. Yon are to cause all persons so chosen to sweare Allegiance to our 
Soveraigne Lord the King and subscribe to beare Fidelity and submis- 
sion to the Proprietors and forme of Government by tiiem established. 
But in case any man for Religion sake be not free to sweare then shall 
he subscribe the same in a book for that case provided which shall be 
deemed the same with swearing. 

4. Yourself and the five deputys of the respective Proprietors are to 
represent the Pallatines Court and exercise the same jurisdictions and 
powers that by our Fundamentall Constitutions and forme of Govern- 
ment to that Court doth apertaine. 

5. You are by and witli the consent of tlie Council! to establish such 
Courts and soe many as you shall for tlie present think fitt for the admin- 
istration of Justice till our Grand Modell of Government can come to be 
putt in execution. 

6. You are Ijy and with the consent of the Assembly to make such 
Lawes as you shall from tyme to tyme finde necessary which Laws being 
ratified by you and any three of our Deputys shall be in forme as is in 
that case provided in the 1 2*'' and other Articles of our Fundamental 
Constitutions and forme of Government which Lawes soe made you are 
with all convenient speed to transmitt unto us for our approbation. 

7. You are as soone as conveniently you can to gett the Surveyor Gen- 
erall to divide the County into squares of twelve thousand acres By which 
we intend not to alter any man's right; but that those measures and rules 
we have agreed on in our Fundamental! Constitutions and forme of Gov- 
ernment may t!ie sooner and easier come to l)e putt in practice amongst 
you. 

8. You are to take notice that we doe grant unto all free persons that 
doe come to plant in Carolina before the 25"' day of December 1684 and 
are above the age of sixteene yeares sixty acres of land and to the said 
free persons for every able man servant with a good firelock 10 pound of 
powder and 20""* of Bullets 60. acres of land And for every other sort of 
servant 50. acres to his or her proper use and behoofe and to their heirs 
&c. for ever. 

9. Any person having transported himselfe or servants into the County 
to plant sliall make the same apjieare to yourselfe and Councell who shall 
thereupon issue out a warrant to the Surveyor General! to lav him out a 
parcel! of land according to the proportions mentioned in these our 
instructions, and the Surveyor haveing done the same, and the warrant 
with tlie Surveyor Generalls returne thereon being recorded and the per- 
son to wliome the Land is granted haveing sworn or subscribed allegeance 



COLONIAL RECORDS. 335 



to our Soveraignc Lord the King siihmi.ssion and fidelity to the Lords 
Proprietors and their fundanientall Constitutit))! and forme of Govern- 
ment yon are under the seale for that use provided to pass this following 
Grant 

William Earle of Craven his Majesty's Lord Lieutenant of the County 
of Middlesex and Burrongh of South warke Pallatine and the rest of the 
true and absolute Lords and Proprietors of the Provinee of Carolina. 

To all to whom these presents shall come greeting in our Lord God 
Everlasting Know yee that -wee the said Lords Proprietors according to 
our Instructions dated att Whytehall the day of Feb" Hi Remaining 
upon record in the County of Albemarle in the Province aforesaid doe 
hereby grant unto A. B. of the said County planter a Plantation of 
Akers of land English measure, lyeing and being in the Precinkt of A. 
in the County aforesaid bounded the land being due to the said A. 

B. by and for the transportation in the County of persons whose 

names are upon Record under this Pattent To have and to hold the said 
Plantation unto the said A. B. his heirs and assignes for ever with Priv- 
iledges of Hawking, hunting Fishing Fowling with all woods and trees 
with what else is there growing standing and being except all mynes 
mineralls all quarrys of Jemms or precious .stones Yealding or paying 
therefore unto us our Heirs and successors yearly every 29"" day of Sep- 
tember according to the English accompt one Penny of lawfull English 
money for every of the said acres to be holden of us in free Soccage. the 
first payment of the Rent to begin the 29"' of September which shall be 
in the yeare of our Lord 1684 Provided always tliat if the said Land be 
not settled within one year after the date hereof then this Pattent to be 
voyd else to stand in full force. 

Given att under the Seale of the County of Albemarle this 

day of A. D. being the year of our Possession of our Prov- 
ince of Carolina. Witness Henry Wilkinson Esq" Governor and Com- 
mander in Cheife of our said County and our trusty and welbeloved our 
Councellors who have hereunto sett our hands the day and year above 
written. 

Although by our Fundamental! Constitutions we have reserved to our- 
selves one Penny per acre rent of all lands in Carolina yett forasmuch 
as there are divers persons in the County of Albemarle who were possest 
of land there by virtue, of grants from Sir William Berkely att one farth- 
ing per acre quitt rent And others wei-e possest and had rights to land 
whilst by our Instructions to the Governor of Albemarle we reserved to 
ourselves but one halfe penny per acre quitt rent we "think itt just that 



336 COLONIAL RECORDS. 



those persons should injoy their lands under the same qnitt rents they 
were granted to them when by virtue of our Instructions Lands were 
due to them for haveing come into the said County or brought or sent 
servants to plant there. Wherefore you are in our names and according 
to the forme in these Instructions jjrescribed to pass our Grants to all 
persons att one farthing per acre quitt rent who shall desire such Grants, 
and shall make it appeare to yourselfe and our deputys that they had 
Grants from Sir William Berkeley under that quitt rent before the 25"' 
day of Dec' Anno 1663 and not forty tyed tlie same by virtue of the act 
of Parliament by us past and confirmed the 20"' day of January 1669. 
intituled an Act for the better and speedier seating of land, and you are 
to pass the like Grants att one halfe penny per acre tpiitt rents to all per- 
sons who shall desire the same and had rights to land before the publish- 
ing Instructions by us sent to M'' Har\-ey and bearing date the 5 Fcl/ 
1678 and have not forfeited the same by virtue of the aforesaid Acts, 
but you are not in the Grants of one farthing per acre to allow the same 
time for the beginning of payment of ([uitt rents that is allowed to those 
who are to pay one penny per acre quitt rent, for we expect those who are 
to pay one farthing per acre and those who are to pay one halfe per acre 
quitt rents, there rents shall be paid from the tyme they ought to have 
been paid bv virtue of our Instructions and those who have Pattents for 
Sir W"" Berkeley before the year of our Lord 1663, we expect should 
pay the said quitt rents from the t} me they were to have paid them by 
the said Pattents. 

You are to choose some fitting place in a Collony whereon to build the 
cheefe Towne of Albemarle in tiie choyce of which you have regard to 
health plenty and easy access you are to endeavour to gett the Parlia- 
ment to rayse wherewithal! to build a house for the meeting of the Coun- 
cell and Parliament in said Towne and when the said house is erected the 
Council and Parliament are allways to sitt there and allso the Surveyors 
Registers and Secretarys offices are there to be kept and in no other place 
and also the Court of Common Pleas and Sessions of the Peace And you 
are to gett the Parliament to pass an act that noe Store shall be kept 
strong Drink or any Goods sould by retayle but in the said Towne and 
you are to cause all vessells that shall come in to Albemarle River there 
to loade and unloade as by our Fundamentall Constitutions is required. 

You the Governor of our said County are to be Commander in Cheife 
of all our forces raised or to be raised in our said County of Albemarle 
over whome you are to place Officers and cause them to be duly exer- 
cised in Arnies and to doe all other thing and things that to a Comman- 



COLONIAL RECORDS. 337 



tier in Cheet'o ilotli belong And yuu ure to .summon the Couneell to meete 
as often as yon shall sec canse and are to doe and execute all those pow- 
ers and anthoritys which by virtue of our Fundamentall Constitutions 
Temporary Lawes and Instructions a Governor ought to doe. 

Yon are allsoe by and with the consent of the major part of our Dep- 
utys to adjourne prorogue and dissolve the Parliament as to you shall 
seem most convenient for the good and quyet of the County. 

Whereas complaint hath been made to us that divers persons have by 
force and violence been dispossessed of their Goods and Estates dnreing the 
tyme of the late disorder in the County of Albemarle and that it cannot 
be reasonably expected that men who have been any way concerned of 
the one syde or the other in the said Disorders will be soe impartiall as 
those that had not att all any hand in them. You are therefore as soon 
as conveniently you can after your Arrivall in the said County with the 
consent of the major part of the Councill to choose 4. able judicious men 
and who have not been partyes, or any way concerned in the late disorders 
who together with yourselfe or any 3. of yon yonrself being one are to 
be a Court to heave and determine according to law all suites complaints 
or actions that shall be brought by any person for having withont dne 
course of law and violence, been during the tyme of the said disorders 
dispossessed of his Goods or Estate and to grant Execution provided the 
said sute complaint or action be brought by persons residing within the 
said Connty within the space of 6. months after the first sitting of the 
said Court, and within the space of 2. years by such as are not resident 
within the said County; those entred or l))"ought after the said tyme are 
to be tryed as other common Actions. 

If you our said Governor shall depart out of tlie Province of Caro- 
lina, y<ni are before your departure to appoynt with the consent of the 
major parte of the Councill a deputy Governor who shall execnte the 
Powers and Anthoritys by us to you given untill yon returne into your 
Government or that we shall authorize direct or commissionate another 
bnt if yon our said Governor happen to dye then the Councill for the 
tyme being shall be forthwith summoned to meete by the eldest in yeares 
of our Deputys ; or in case he faile to doe it by the next : who being 
mett shall choose a person to be Governor who being soe chosen shall be 
Governor to all Intents and purposes as if commissionated by ourselves 
and execute the powers and anthoritys to you given by our Commission 
and Instructions and soe continue untill our pleasure shall be signified 
to the contrary by granting a Commission to some other. You are to 
take notice that it not appeareing to us that Sir William Berkeley did dure- 
39 



538 COLONIAL RECORDS. 



iii;j; his life tvnie convev liis proprietorship to aiiv person for want of 
which it is devolved, nor not haveing paid a penny towards the settle- 
ment of our Province, we doe not think fitt to adniitt the Heirs or Ex- 
ecutors of the said Sir William to have anything to doe in Carolina as 
proprietoi's untill they shall have made itt appeare that they have right 
soe to doe ; wherefore you are not to admit of any Deputy from the 
Heirs or Executors of the said Sir William nor allow unto them any 
other thing as proprietors untill you have directions from us soe to doe. 

You are likewise to take particular care that the bounds betwixt Vir- 
ginia and Carolina be adjusted according to the Limits granted us in our 
Pattent. CRAVEN. 

SHAFTSBURY. 
P. COLLETON. 
Postscript. 

Since the Lords sate their hands to this they have ordered me to incert 
these following particulars vizt : 

That you be sure as soon as you can to send home the mapp of the 
County mended by your owne or frds : experience. 

That the Damadges of the King's Officers may by you be enquired 
into that there may be a sumary way of giveiug them satisfaction. 
SAM. WILSON, secretary 
by order of the Lords Proprietors. 



[B. P. R. O. Col: Ent: Book. No. 20. p. 174.] 



WHYTEHALL JULY 13. 8L 
We being informed that there are many Whales upon the Coast of 
Carolina, which iish being by our Fundamentall Constitutions reserved 
for us : we have notwithstanding (for the incouragement of Carolina) 
thought fitt to give to all persons whatsoever that are Inhabitants of our 
Province free lease for the space of seaven yeares to commence from 
Michaelmas next to take what whales they can and convert them to their 
owne use and this our concession you are to make publick that any that 

will may take the beuefitt of itt we rest. 

Your assured friend 

CRAVEN p-^ 
ALBEMARLE SHAFTSBURY 
P. COLLETON ARCHDALE 
BATH for my LORD CARTERET 
To the Governor and Councill at the north part of our Province of 
Carolina. 



COLONIAL RECORDS. 339 



[B. P. R. O. Col: Ent: Book. No. 20. p. 175.] 

WHITEHALL THIS OF SEPTEMBER 1G81. 

Whereas Setli Sotliell Escf^ liath boiight tlie Earl of Clarendon's 
share of Carolina and is thereby become one of the trne and absolnte 
Lords and Proprietors of the Province of Carolina and whereas by vir- 
tue of our Fundamentall Constitutions it is provided that the eldest pro- 
prietor that shall be in Carolina shall be Governor you are to obey him 
as such if there be no elder proprietor there then himself 

we rest 

Your loving friends 

CRAVEN p' 
SHAFTSBURY 
P. COLLETON. 



[B. P. R. O. America & W. Ind: No. 637.] 



THE PETITION OF PROPRIETORS OF CAROLINA. 

London X''^ 20"" 1681 
To the R' hon*"'' the Lords Coinitte for Plantations. 

The Proprietors of Carolina Humbly offer 

That whereas they have scene by yo"" Lordsliipps ord'' an Extract out 
of the ord"" of the Assemblyes of Virginia of the 3'^ of July 1681 fory' 
Levying the Rents upon the Inhabitants of Blackwater & Corotuck, 
Which aiFaire is easilly decided if your Lordshipps please to take a view 
of their Patent which they herewith p''.sent unto you, ^Vnd wherein yo"' 
Lordshipps will find, that the Boundaryes between Virginia & Carolina 
are exactly set down ; (viz*) extending North and Eastward as farr as the 
North end of Corotuck River or Inlett, upon a streight Westerly line to 
Wyanoak Creeke, w""" lyes within or about the degrees of thirty Six and 
thirty Minutes Northern Lattitude, and soe West in a direct line as fan- 
as the South Seas. Soe that there can be noe further dispute in the af- 
faire if your Lordshipps shall please to send yo"^ order to the Goverm* of 
Virginia, takeiug notice that your Ijordshipps have scene those Bounda- 
ryes granted to us under tlie Broad Seale, And requireing that they send 
Comission""* upon any certalne day y(tur Ijordshi]>ps shall apjioint in July 



340 COLONIAL RECORDS. 



or .Viigust next, to meet at Ciirrali-tuck witli such Couiissiuii''*' as we shall 
appointe in obedience to your Lordshipps order; And tliat they set out 
and Adjust the Boundaryes betweene the two Collonyes of Virginia & 
Carolina as farr as Wyanoak Creeke which we humbly conceive is so 
faire a method that noe exceptions can be made against it by the Goverm' 
of Virginias 



1682. 

[B. P. R. O. Colonial Entry Bk. Vol. 93. p. 169.] 



THE KING TO THE PROPRIETORS OF CAROLINA 10 
DECEMBER 1682 

Right Trusty & Right Entirely Welbeloved Cousin and Counsellor, 
Right Trusty & Right Welbeloved Cousins & Counsellors Right Trusty 
and Welbeloved aud Trusty & Welbeloved, We greet you well Whereas 
we are given to understand that our Right Trusty & Welbeloved Cousin 
Maurice Viscount Fitzharding is heir at law to Sir Wm. Berkeley Knt. 
deceased who by our letters patents under the great scale of England 
bearing date the 30* day of June in tlie 17* year of our Reigne was 
constituted one of the Proprietors of oiu- Province of Carolina in 
America To hold and enjoy to him and his heirs for ever all benefits 
estate interest power & privileges equally with any other to whom the said 
Province wa.s granted as aforesaid And whereas we are also humbly in- 
formed that altho diver.s of you hold by descent or assignment of the 
original Lords & Proprietors since deceased yet some question hatli arisen 
amongst some of you whether by survivorshij) or some other way the 
title and interest of the said Sir Wm. Berkeley and liis heirs be not 
legally lost & extinguislied or accrued unto you the surviving and pres- 
ent Lords & Proprietors of the said Province We have thouglit fit at the 
humble request of tlie said Maurice Vise' Fitzharding and as a mark of our 
particular favor t(j\\ards him liereby to declare & signify that our intent 
& meaning in ct by our said letters patents was and is that he the said 
Sir Wm. Berkeley should liold & enjoy to him & his heirs & assigns all 
the estate interest share & advantages by us granted to liim in our said 
letters patents without being subject to sudi lapse or avoydance as is now- 
suggested as aforesaid And we doe tlierefore liei-ebv most effectually 



COLONIAL RECORDS. 341 



reconiiiieiid him the said Maurice Vise' Fitzhardiiig unto you for & in 
order to his having & enjoying the Proprietorship Signiories powers in- 
terest and share or part of the said Sir Wm. Berkeley in y° said Province 
& your investing & estating him the said Maurice Vise* Fitzharding his 
heirs & assigns in & to the saine To liold to liim his lieirs & assigns as 
fully & as amply to all intents & purposes as he the s** Sir Wm. Berke- 
ley did or might at any time during his life have held & enjoyed or chal- 
lenged to have held & enjoyed the same or as any other of the Lords & 
Proprietors or their heirs or assigns doe or may hold or challenge to hold 
& enjoy their or your respective Proprietorshijjs in the said Province by 
vertue of our letters patents before ment'' or of any Agreement Articles 
Laws or Constitutions made by them or you or any of you touching & 
concerning the descent partition or succession of their or your respective 
Proprietorships or otherwise ho^^'soever the said pretended lapse or any 
other matter cause or thing whatsoever to the contrary thereof in anywise 
notwithstanding And we not doubting of your ready compliance herein 
We bid you farewell 

Given &c. Whitehall December 10*" 1682 By hisMa*^' comand 
To Our &c. the Proprietors of COVENTRY 

our Province of Carolina 

in America — 



1683. 

[B. P. R. O. Colonial Entry Bk. No. 107. p. 113.] 



AT THE COMMITTEE OF TRADE & PLANTATIONS IN 

THE COUNCIL CHAMBER AT WHITEHALL 

THURSDAY 25 OF JANUARY 

1 (382-3 

Present 

Lord Keeper Earl of Conway 

Lord Presid* E. of Rochester 

E. of Sunderland Ixl. Vise. Falconberg 

E. of Clarendon Ld. Bp. of I^ondon 

E. of Ci'aven Lord Dartmouth 



342 COLONIAL RECORDS. 



Sr Peter Colleton one of the Proprietors of the Bahamas Islands being 
called in and asked concerning the clause in that Patent empowering 
them to make warr hee takes notice that the same is common to all 
Patents granted to Proprietors and declaiing that they doe not under- 
stand it otherwise than to make war with y' Indians and that they have 
already given order for taking Capt Clerk into custody and removing 
him from the governm' their Lo''* think fit to supersede their former 
order for bringing a scire facias against their Patents and that directions 
be sent to all other Projjrietors in the West Indies that they do not make 
any other use of that clause. 



[B. P. R. O. Shaftesbury Papers. Bdle 48. No. 101.] 

LoND°" M"" 7. 1682-.3 
May it please y" 1/ 

Though my soe late comeing to towne does not permit me to give y" 
Lp such an ace" of things as I intend, yet I could not discharge myself 
my obligacon and duty to yo' L'^f without troubling att this 

tyme. 

I think my.self ev' bound by those fov" your Ldp hath alreatly showne 
me to study to serve your Inter, v,-"^ it lyes in y""" Ld'* power to make mee 
capable of and whicli I shall ever discharge with all fidellity imadgina- 
ble 

I am prepareing a copy for my L** Ashley as likewise one of the Con- 
stitutions and Description of y'' Ct)untrv, w'"'' with other papers shall 
trouble yo'' Ld^ on IVIonday next 

I beg yo' Ldi* to informe yo" self concerning the Propp"*'' of Carol* for 
that sence my comeing hither I hath mett with a Gentleman who would 
be glad to buy it and I can help yo"" Ldp to 500. more than any was ever 
yet sold for, if yo'' Ldp and Ijd Ashley think of disposeing if not if vo' 
Ld^^ heaps yo"" fav''^ upon me I shall be but the more capal)le of serving 
you. 

Yo" Ld^ hath it in yo" power a':i^Guardian to (and w*'' my Ld Asldev's 
consent) make whoome you please a Ijandgrave and auotlier Casi([ue each 
Proprietor haveiug it in his power to make two Caciques and one Land- 
grave Capt Wilkinson was nominated a Cacique by my Ld soe that yo" 
Ld"" may make another and a Landgrave ray Ld yo" Ldp' father did in- 
tend to have made M" Percivall a Landgrave (as your Ld^ will perceiye 



COLONIAL EECORDS. 343 



by th.' Copy oi' the P;ittriit tlic Onginnll) I sliall send till 

he his fraurhileiit and base dealhigs with him My L* if 

your Ldp doth not nominate soniel)ody a I^andgrave presently the Pro- 
p»" ^,ji soone make it their joynt request to make one whoome they shall 
nominate as they dayly doe to one another. Soe that hereby a person 
whoome yo'' L*'" confers it on sliall think himselfe more beholding to the 
others for Intercession; than to yo'' Ld^ for Donation whereas if }-o'' Ld'' 
thinks me a fitt subject for your fav"" -who are goeing thither (which an- 
other \nz M'' Locke and many more never wil) I may be capable of serv- 
ing yo' Ld^'^ by disposing yr land viz 12000 acres to the best advantage 
or else send you a Map of it and take care that none other meddles 
with it. 

I have likewise something else in my thoughts wherein I am so vaine 
as to think I may be servicable to yo"^ Ld^ in those parts I shall improve 
my experience to yo' Ld^^ Interest and in the meane tyme rem° 

May It please yo' Ld? 

Yo' LdP' most humble servant 
SAM WILSON 

My most humble duty 
to my Ld Ashley 



[B. P. K. O. B. T. Va. 58.] 

ORDER OF COUNCIL FOR COLLECTING PUBLICK 
DUES OF Y' INHABITANTS OF CARROTUCK 

At a Council Held at Green Spring May 22°'* 1683 
Present 
His Excellency Thomas Lord Culpeper Governor Collonel Anthony 
Lawson the present Sherif of Lower Norfolk and all succeeding Sherifs 
are hereby Ordered and Required pursuant to an order of Assembly 
made in 1680 and directions therein given to Captain Adam Keeling 
then Sherif thereof to demand ask Levy require and receive Quittrents 
Levys fees and all other publick dues from the Inhabitants of Currituck 
and all others there adjoining that Claime and hold their Lands by vir- 
tue of patents issued from the secretary's Oftice of this Government and 
in case of their or any of their refusals or failures thereof that then he 
& they Levy the same by distress as in y* like cases on any other his 
Matys Subjects of this Colony 



344 COLONIAL RECORDS. 



[B. P. R. O. Shaftesbttby Papers. Bdle 48. No. 102.] 

THE R' HON^BLE THE LDS PROP'^ OE CAROLINA ARE 
D" TO SAMUELL WILSON FORM^LY THEIR SEC'^ 

F(ir y" Descripcons of Carol'* viz. 400 To Jn" Archilale Esq"" 

100 to S' Peter Colleton & 100 distributea f ord" at 4'* £10 
For a Plate of y° Map of Carolina & printing 2000 £ 2 S 

To ooachhyre thrice \o y° Couneill Chamb'' to sati.sfye y" Co- f 

mitte y" bounds of Carol* in ord'' to adjustm' \ £ 9 

To P* M' Abde Postage of Lett' £ 3 6 

To P"* M' Gascoyne for the Map of Carolina £ 11 

To p* Porters 5. tymes carrying noates to meet att S'' Peter Col- 
leton £ 5 
To coachhyre to y" Att : Gen" w"' y' Patt' twice £ 5 
To Portage wateridg coachhyre in getting yo' Lp^subscripcons £ 3 16 
To Translating y° constitueons into French a Giiiney £ 1 16 
To Lace skins &c & for y^ Const"' .sent to Carolina Jan lO"' 82 £ 2 10 4 
To P* M' Clark engrossing 16 sheets of y* Const"^ requiring 

dispatch £ 2 8 

To Ruleing. wax & l)rass boxes £ 8 3 

To mending y'' broad & hand .scale of Carolina £ 1 3 

To P^ for a Copy of Pens Indentures £ 10 

To P* for Paper Pens and Ink from first to last £ 3 14 2 

To P** M'' C^lark writing y° Const" Iieing y' last tyrae of 

amendni' £ 3 

To d'" p"* him drawing out y'* article ivlating to y" Scotch £ 10 

To p** M'' Wightraan Pub) : iiot^ drawing out a copy & attest- 
ing it ' £ 8 
To p* for setting down advertisements (i tymes £ 6 
To p** for writing one of y* Const, sent '^ Kennyday £ 1 5 
To p* for^inserting in y" Intelligence a copy of S' Peters Lett £ 1 
To my wages from y^ 21' M"-"^"* 1678 to y' 21 M''^" 1683 in f 

5 y" at 20£ f an. in £100: rec"" in pt £50: remaynes \ oO 

Err"^' Excepted ^ me 

SAM WILSON £84 7 9 

London Mav 10"' 1683. 



COLONIAL RECORDS. 345 





TheL 


(Indorsed) 
\^ Prop'" of CaroP 
their ace" 


SAMUEL WILSON 






10. May. 1683. 




1. 


L. Prop'' 
E. Craven 


y 


2. 


L* Carteret 




3. 
4. 


L'* Ashley. 

S' Peter Colleton 




5. 
6. 

7. 


Esq" Arehdale 
Esq" Amy 
Esq" Sothell 




8. 


— for'y Duke of Albern'" 





[B. P. R. O. Colonial Entry Book. Vol. 21.] 

S' James's 1682. 
You 

By virtue of y'^ place of y" Vice Palatine or Governor have a Nega- 
tive upon all Voatesof y" Palatines Court & by Consequence of all those 
of y° Grand Councill also, except in such things as arc reserved by the 
Fundamental Constitutions to be absolute in y' yower of y° Grand 
Councill by w"*" means you have power to hinder any Imprudent Reso- 
lutions they may take, you ought to keep good order in y° Debates of y' 
Councill when any one speak he should do it w*"" his hatt off and with y" 
re.spect due to y" place who are there a Representative of the Palatine & 
by Consequence y° King from whence y° Palatine's power is originally 
derived and it was in Culpeppers Case who make disturbance in Albe- 
marle in Carolina for which he was indicted of high treason at the Kings 
Bench Barr declared to be Treason for any man to take up Armes ag' 
our Government it being Levying warr against our King. 

P. COLLETON 

The above being part of a Letter read in Councill this 13th August 
1683 from S' Peter Colleton to yo'' Governor. 



40 



346 COLONIAL EECORDS. 



[B. P. K. O. Col: Ent: Book. No. 20. p. 210.] 



AT A MEETING OF THE LORDS PROPRIETORS OF CAR- 
OLINA THE U"" OF DECEMBER 1683. AT THE 
DUKE OF ALBEMARLES 

Pi'esent 

The Earle of Craven P' 

The Duke of Albemarle 

The Earle of Bathe 

Sir Peter Colleton. 
Ordered 

That a letter be forthwith drawn to M"" Seth Sothell Governor of the 
County of Albemarle requireing him to send hoam the names of those 
with whome he fild the blanks for the Lords Proprietors deputys and if 
any of them bee put in that Ijad any hand in the late disturbances there 
that he put them out and till the deputations sent with such as are honest 
men and not concerned in the said disturbances and to send the said M'^ 
Sothell a Copie of that Article of the Instructions for the Government 
of Albemarle that requires the comissionating of three persons not con- 
cerned in the aforesaid Disturbances to be a Court for the tryall of such 
actions as shall be brought for the Injuryes done to any man by the actors 
in them and to require of him to certifie by the first opertunity how the 
said article is complyed with and if it be not what is the Reason of it 
and that he doe forwith with the advice of M' Archdale choose four of 
the discreatest honest men of the County who were no way concerned in 
any of the said disturbances to be Justices of the County Court and also 
an able man so qualified to be sherrif of the County that there may bee 
a Court of impartiall persons for the tryall of all actions that have rela- 
tion to the late disorders that those injured may have right done them 
according to Law. 

2. That M'' Biggs bee required to set downe in writeing in distinct 
Articles wherein he hath been injured contrary to Law l:)y M'' Sothell or 
any other person in office of Carolina and deliver the same to the Lords 
Proprietors that they may be enabled to consider what course they may 
speedyly take for his redress if any Injury appeares to be done him. 

3. That M' Sothell and all other Governors direct those their letters 
that concerne the publick of Carolina or Lords Proprietors in Generall 
to the Pallatine. 



COLONIAL RECORDS. 347 



That he send a particuler of the quitt rents' and other perquisits of 
Carolina. 

That he give an account how the aft'air of Colonel Ludwells land 
stands and why it is detained from him. 

That he take a prudent care for the preserveing of our bounds and 
other rights. 

Aproved of the Bargin made by Sir Peter Colleton with Coll : Phillip 
Ludwell in belialfe of the Lord Proprietors for my Lady Berkeleys right 
to the Proprietorship that was Sir William Berkeleys for £300. 

That M' Timothy Biggs his land be confirmed to him and his wife if 
she consent to it otherwise to his wife only. 

MemduiB. The said Proprietorship purchased of the Lady Berkeley 
widdow of Sir William Berkeley Governor of Virginia and afterwards 
wife of Coll : Phillip Ludwell by Sir Peter Colleton in behalfe of the 
four Lords Proprietors namely the Duke of Albemarle the Earl of 
Craven, Lord Carteret and the said Sir Peter Colleton was afterward 
conveyed in trust to Thomas Amy Esq" for the abovesaid four Lords 
Proprietors. 



1684. 

[B. P. R. O. Colonial Entry Book. Vol. 97. p. 103]. 

ORDER FOR PASSING A LAW IN THE PLANTATIONS 
^ AGAINST PIRATES AND PRIVATEERS. 

At the Court at Whitehall the 
27 OF Feb--^ 1683.(-4) 

By the King's most excellent Majesty and the Lords of His Maj^' 
Most Hon"' Privy Councill. 

Whereas the Right Hon"' the Lords of the Committee for Trade and 
Plantations did this day report to the Board, that Sir Thomas Lynch 
having represented to them the great damage that does arise in His 
Majesty's service by harbouring and encouraging of Pirates in Carolina 
and other Governments and Proprietys where there is no law to restrain 
tliem, their Lordships were humbly of opinion that a Draught of the 
Law now in force at Jamaica ao-ainst Pirates and Privateers bee sent to 



548 COLONIAL RECORDS. 



all other Governments and Proprietys in America with his Majesty's 
Directions that it be passed into a Law in each Place ; and that all possi- 
ble care bee taken by the respective Governors and Proprietors that the 
same be put in execution as they will answer the contrary ; Which His 
Majesty having taken into consideration, was pleased to approve thereof, 
And did Order That the Right Honorable M'^ Secretary Jenkins do 
transmit Copies of the said Law made at Jamaica against Pirates and 
Privateers to all other the Governors and Proprietors of His Majesty's 
Phmtations in America with directions to them in His Majesty's name 
to cause the same to be passed into a Law in each place, and to be duly 
put in Execution as is advised in the said Report. 

JOHN NICHOLAS. 



[B. P. R. O. Colonial Entry Book. Vol. 97. p. 111.] 



LETTER FROM LORD CRAVEN TO LORDS OF TRADE 
(27. MAY. 1684) 

My Lords, 

I have seen what Sir Thomas Lynch luith written to your Lordships 
concerning the reception of Privateers at Carolina. Upon enquiry I am 
informed that one Jacob Hall did touch there to wood and water as he 
came from La Vera Cruz, but belonged not to the place, nor had no In- 
habitant of Carolina with him, and stayed but a very few days, and then 
sayled for Virginia. Hall acted under A^an Horn, who had a Commis- 
sion from the French ; and His Majesty's Pleasure not to suffer his sub- 
jects to take Commissions from forreign Princes not being known in 
Carolina is the reason I conceive he was not secured. 

I never could heai' but of one more that ever was there, and he not 
pretending to any Commission from any forreign Prince, and having 
taken some vessells was indicted for the same, and being found guilty 
was executed, and himself and two more, the most guilty of his Com- 
pany, hung in chains at the Entrance of the Port, and there hang to this 
day for an example to others. And at Providence, which Sir Thomas 
Lynch hath heretofore blamed for receiving Privateers, all imaginable 
care was taken by the Governors to suppress them, and no attempts upon 
tlie Spaniard made from those parts but at the instigation of a person 
.'■ommissioned by Sir Thomas Lynch to take Pyrats as your Lordships 
may see by the enclosed Abstract of his letters. Wee have now sent to 



COLONIAL RECORDS. 349 



Carolina His Majesty's Proclamation for prohibiting of his subjects from 
entring into the service of forreign Princes, and the keeping of the neu- 
trality, with strict order for the Observation of it, which I doubt not but 
will be punctually obeyed ; and also the orders to pass a law suitable to 
that of Jamaica for the sujipressing of Privateers, so that T humbly con- 
ceive your Ijordships will hear no more complaints that Privateers are 
received in Carolina. Wee having taken all imaginable Care for the 

preventing of it for the future, and I am &c. 

CRAVEN 

Mem.** M' Cranfield speaks of one Pain at New Plymouth with a 
false Commission from Sir Thomas Lynch. 
Rec** the 27* May. 
1674. 



[B. P. R. O. Colonial Entry Book. No. 22. p. 33.] 



POSTCRIPT TO M' SOTHELL OR RATHER ADDITION 

We have sent you our fundamentall Constitutions as Regulated by us 
w"** wee desire you to signe & scale & send us back two of them signed 
and sealed by y'selfe & that you will under your hande and scale give 
power to some p'son to signe and scale the originall w""" is under our 
hands and seales heare that it might be sealed by all the proprietors 
there being no-ones hand-writing but yo" Wee have thought fitt to 
apoint M' Francis Hartly to be the Secretary of Albemarle of w""" you 
are to take notice & "^mitt him to Injoy the ^quisits thereof Wee here- 
w* send you the Kings proclamation how his subjects shall behave them- 
selves in the p^sent warr between the two neighbor Crownes w"*" you are 
publish & see punctuelly obeyed you are to take spetiall Care that due 
assistance be given to his matestys officers in collecting the Duty upon 
tobacco &c transported from Carolina to other plantations & if any officer 
or magistrat shall not doe his duty herein you are to displace him & put 
another in his room. 

We wrot you the 6th of November by Coll" Lndwell w""" containeing 
matters of Importance wee herew"" send the copie of it that if the origi- 
nall be not come to yo' hands you may by the Copie see o'' desires & com- 
ply w"" tliem. 

Mem the above 15 lines was aded t(j y" letter in 2.'> & 24 relating to 
Privateers and directed to Seth Sothell Esq. Govern"' of y* no : part of 
Carolina 



350 COLONIAL RECOKDS. 



1685. 

[B. P. R. O. Colonial Entry Book. No. 22. p. 2G.] 



Whitehall y^ 14'" February 1603-4* 

There is Lately come into England from Albemarle in Carolina M' 
Timothy Bigg.s who hath Complained to us of severall Injurys done him 
there for w'''' he can have no redresse by men you have Impowered to try 
causes being as he alleadgeth those very ^sons who Joined in y° Late 
disorders & did him y' Injury as you will .see more att large by a Copie 
of his paper w"'*' is here inclo.sed sent you 

When you had blanke deputations given you it was y' you upon the 
place might fill them up w"* such '^sons as might be most for y' Kings 
Honnour & service & who by being unconcerned in y° past Differences 
might be most likely by Just goverum' of affairs & equall di.stribution of 
Justice to put an end to all Causes of Complaint from any '^sons for y° 
future 

Wee did also in our Instructions for y° Governm' of Albemarle order 
& apoint y' y" Governor should w"" the consent of the Councill choose 
three discreet men who were no way concerned in the past Irregularitys 
&' disorders there who together w"" y" Governor for the time being should 
be a Court for y* tryall of all actions y' had Relation to y° aforesaid dis- 
orders But M' Biggs Informes us y' y" '^sons w"" whose names you have 
filled the Blank Deputations are such as were great actors in them against 
the Kings Interest & that you have erected no such Court as wee Directed 
whereby he could have no Justice done him to w"*" wee know not what to 
say you not haveing informed us w"" whose names you filled the said 
blanke depiitations nor have you written how you have complyed w"' our 
order for erecting a court of Indifferent "^sons a copie of w'^'' order a coj^ie 
is here Inclosed sent you. 

Wherefore we now Req,uire you to Informe us by the very first oper- 
tunity w* whose names you filled the blanke Deputations & if any of 
them are such as had any hand in the late disorders y' you put them out 
& fill the blankes now sent w* the advice of M' Archdale w"" such '^sons 
as were* not concerned in them who by their prudence & peaceablenesse 
of their tempers may be most likely to contribute best to his Majestys 
Service & y° peace of the place & that if those who are deputyes & y' 
yo''selfe & M' Archdale shall think fitt to be continued in shall not have 



*Thls date should be 1684-5. See last paragraph. 



COLONIAL RECORDS. 351 



been actors in tlie past disorders that then yon send home depositions 
taken before M' Archdale & some other magistrate of the place to prove 
it that wee may be thereby bee the better Inabled to answeare any clamor 
of M' Biggs if there bee occasion. And that you doe forth w"^ choose 
fonr able discreet men & who had no hand in the past disorders of either 
side to bee the Justices of the County Court of Albemarle & a ^son so 
quallifyed to be sherrif of that County to set and hold Courts for the 
tryall of causes as by our fundamental Constitutions is directed which 
wee thinke a better way then y' formerly ordered it not being so con- 
venient to Interest y'selfe or any other Governor In Cheeff of that County 
in the Imediate tryall of causes but leave him at liberty w"" the Councell 
to heare the complaints if any shall be made against any of the said 
Justices or Sherriif for any misdemeanor in their respective offices w"** 
method is agreeable to our Constitutions and as wee Conceive the best 
way for equall distribution of Justice in said County w* which wee can- 
not expect to have it thrive or be freed from Clamor our selves wherefore 
wee Require of you that this our order be Instantly put into execution 
and that you send us the names of such '^sons who are Comissioned to 
bee the said Justices & Sheriff for y^ county afores* & y' you dirict all y"" 
Letters that concernes us in Generall to y° Pallatine the earle of Craven 
to be comunicated to us. 

Wee did by M' Archdale send a blank Comis" for a Recever to Collect 
our rents and give us ace' thereof w"* Directions y' he should fill up the 
s* blanke w*'' some convenient or fitting ^^son by y'' advice but we have 
not a word from either of you what is done therein nor what the annuall 
amount of the said quit rents are wherefore wee desire you "^ first you 
will give us an ace' who you have put into the said Comission what he 
hath Collected what you have done w"" y' already collected & also a 
■^ticuler of the wrecks & other things apertaineiug to y' L'^ Proprietors 
& also what the yearely amount of quit rents of land is & '^ticulerly 
what quantity of land each man holds & what the rent is he payes & 
then we shall order how y^ s** quit rents & others "^quisitts shall be dis- 
posed of 

There hath also Complaint been made by M"" Woodrowe o"' secretary y' 
you would not jjcrmit him to Injoy the "^quisits of his office but that 
you took them to your selfe w"*" is by no meanes to be tollarated in a 
governor but he must let y^ Inferior officers Injoy the due "^quisits of 
their places if he expect they should "^forme their Dutys & must be no 
further concerned therein then see the officer doth his Duty and not 



352 COLONIAL RECORDS. 



opress the people by unreasonable exactions wee desire yo' answeare to 
this also 

Coll" Ludwell of Virginia hath complained to us that a planta" in 
Albemarle apertaining to him in Right of his wife the Lady Berkely is 
detained from him upon p'tence y' it is escheated to us & wee being will- 
ing to doe him & all other men Right doe Require you to send us a true 
state of that matter how it stands & in whose possession y° s** plantati" 
now is c& if it be escheated that you send to us a true copie of y* record 
thereof for wee shall bee very unwilling to turne any man out of his estate 
or not restore him to it if he have lost it by faiieiug in any nicity of law. 

We have considered of what you write of my Lord Culpapers send- 
ing to demand the quit rents of the County of Albemarle for w"*" wee are 
well assured he had no orders from hence Wherefore desire you not to 
faile in using all discreet Legall & prudent wayes for the p^servation of 
our Just Rights we shall take a convenient time to petition y' King y' 
o' bounds may be runn out y' Disputes uaay be p'vented for y° future 

Wee Require y' you do not deviate from those rules wee have by our 
Instructions sett for y° granting of land, for wee shall not allow of it 

There was 4 blank Deputations sent away w"" this Letter signed by y" 
Du : of Albemarle one by y° U Bath for y" L** Carteret, by S' Peter Col- 
leton & another by all y' L" for S^ W° Berkelys Dated y" 3d June 1684 



1686. 

[B. P. R. O. Colonial Entry Book. Vol. 97. p. 232.] 



REPORT TOUCHING THE PROSECUTING OF THE QUO 
WARRANTOS IN THE PLANTATIONS 

Mem* 

My Lord President is desired by the Right hon"^ the Lords of the 
Coraittee for Trade & Plantations to move his Maj : that the directions 
to M' Attorney Generall that the prosecution of several 1 writts of Quo 
Warranto against the Propriety of the Province of Maryland and against 
the Colonies of Connecticut and Rhode Island and the Proprieties of 
East and West New Jersey and of Delaware in America may be renewed 
and that the same may be prosecuted to eifect. 

Councill Chamber 2L Aprill, 1686. 



COLONIAL RECORDS. 36-^ 



At the CoL'irr at Whitehall 

the SO'" of Aprill 1686. 
Whereas on the 10"^ and 17"' of July last past It was ordered that M"" 
Attorney should proceed by Quo Warranto af:;ainst the Charter Granted 
to the Lord Baltemore's ancestors of the Prt)priety of Mariland as also 
against the Governors & Comiss** of the Colonies of Connecticut, Rhode 
Island & Providence Plantacon & likewise against the Prop" of East & 
W^est Jersey & of Delaware all in America. His Maj : in Councill this 
day thought fit to order, and it is hereby ordered, that Sir Robert Sawyer 
Knight His Majesty's Attorney Generall doe forthwith put the said orders 
in execution by causing the Proprietors of the aforesaid Places to be 
prosecuted on the said AVritts according to La^\• in order to the vacating 
of their severall Charters or Grants. 



[B. P. R. O. Colonial Papers.] 

THE EARL OF SHAFTESBURY TO THE EARL OF 
CRAVEN 7 JULY 1686 

St. Giles July 7* 1686. 
My Lord, 

I receaved yo" but not knoweing upon ^hat grounds the Quo \Yar- 
ranto was intended to be brought against our Pattent for Carolina am 
able to give noe result upon itt. There have bin considerable sumes of 
money disbursed by the Proprieto" to bringe it to this eifect and when 
the Pattent is surrendered I cant see any way by w"*" they will in proba- 
billity bee ever reimbursed I shall bee as unwilling to dispute his Maties 
pleasure as any man but this being a Publique Concerne tis not in any 
perticular mans power to dispose of it Therefore whatever shalbe ap- 
proved of by the rest of the Proprieto''^ or the majority of them to bee 
donne in this affaire I shall acquess in who am 

Yo"" Lordps most humble Servant 

SHAFTESBURY. 



41 



354 COLONIAL RECORDS. 



1687. 

[B. P. R. O. Colonial Entry Book. Vol. 97. p. 240.] 



ORDER OF COUNCILL TO M' ATTORNEY AND M' SOL- 
LICITOR TO PROSECUTE THE QUO WARRANTOS 
ISSUED AGAINST THE SEVERALL PROPRIE- 
TIES AND CORPORATIONS IN 
AMERICA. 

At the Court at Hampton Court 

the 28*'' of May 1687. 
Upon reading a report from the Right hono*"'" the Lords of the Com- 
mittee for Trade & Foreign Plantations It is this day ordered by His 
Maj'^ in Councill that M' Attorney and M" Sollicitor Generall do forth- 
with proceed upon and prosecute the Quo Warrantos, which have been 
issued or ordered to be issued out against the severall Proprieties and 
Corporations in America. 



[B. P. R. O. Colonial Entry Book. No. 22. p. 133.] 



Whitehall this 26"' of Novemb: 1687 
Wee herewith send you copies of two letters wee haue received from 
the Kings Majesty & also a copie of S'' Robert Holmes his comission for 
the supression of Pirates & Privatiers. by the first of the s* letters you 
will ^ceiue that his Maj'^ that all endeavors bee vsed for the seizing and 
aprehending of any Pirates or sea rovers that .shall come into any of the 
Ports of your Goverui* the which you are to keep strictly Imprisoned & 
in safe coustody with their ships goods & plunder untill his Majestys 
Royall pleasure be known what shall be done with them, whereof you 
are not to faile & to vse. your vtmo.st care that all his Majestys com- 
mands contained in his s** letter bee punctually obeyed by all l^sons vnder 

your goverment. 

Yo'" very affectionate friends 
CRAVEN Pal"-"" 
BATHE for the L* CARTERET 



COLONIAL RECORDS. 355 



[Eecords of Perquimans County. Book A. No. 380.J 



5 Dec 1687 
Tlie Deposition of Richard Wat red)- Aged fifty-one years or there- 
abouts sworn & examined saith, He this Depo* Being; designed to go into 
y" Southard aljout the year 1662 to see liow lie might like the place At 
which time M'' George Catchuiany desired the Depon* to go to the Place 
where M" George Durant then was seated & to speak to said Durant to 
show him this Depon' the Land w""" was designed by said Durant for the 
said Catchmany, which Accordingly I did & was shown by M"' Durant 
the Land Intended by him for M"" Catchmany & soon afler returned to 
Virginia again and About a month after M' Catchmany employed the 
Depon' to go w"" 3 hands to settle & seat the said Land & went with us 
himself — and coming to the House M"' Durant aforesaid he this Depon' 
heard & see them conclude of a line which was Accordingly then run for 
a Dividing Line Between them, And as he very well Remember Begun 
at a pine standing by the water side at the sound extending extending 
toward the then seated Land of CalP Caltropp it being Agreed by them 
that George Catchmany should have the land on the eastward & George 
Durant on the Westward side of the said Land & this Depon' further 
saith that he heard the said Catchmany tell M' Durant afores"* that S'' 
William Berkeley was then lately arrived from England & that He re- 
solved that Lihabitants of the South should hold no hmger by Indian 
Titles, But that He would Grant Pattents to those who should desire 
them whereujjon he heard said Durant tell M' Catchmany that then he 
would go & see to secure his Land as aforesaid & M"" Catchmanv then 
Replied & said he should not need to go himself But that He would 
have him stay there & look & see his People should not Lack Provision 
or other necessarys & he would do his Business and his own too. — 

RICHARD WATREY. 



1688. 

[B. P. R. O. Colonial Entry Rook. No 22. p. 139.] 

g, Whitehall this 16'" of Aprill 1688 

M"" Edward Ketchmaid hath made application vnto vs setting forth 
that he is Nephew and next heir unto M'' George Ketchmaid of Caro- 



356 COLONIAL RECORDS. 



liiui deceased And that his .said A'licle dying Intestate and possesed of a 
plantation in onr County of Albemarle in Carolina the right to the said 
Plantation is descended to him as next heir Now we shall not take upon 
us upon us to interpose in the decision of any mans right but leave that to 
y° usuall course of the Law. But think it our duty to recomend luito 
your care that the said M' Edward Ketchmaid may have a fair and 
Equall Tryall according to y*' course of y" Law there for y^ said Estate. 
If he shall desire it And thei-e be need thereof 

Wee doe also inform you that M'' Timothy Biggs who married the 
widdow of the said George Kecthmaid did set forth to us that the said 
George Ketchmaid did by will give his plantation in Carolina to his wife 
And did desire us to grant our Release and Confirmation of the said 
Plantation unto lier which we did by our deed dated y* six and twentieth 
day of March 1684 now onr Intent in this was onely was onely to grant a 
Release and Confirmation of what Right we had nor could we thereby 
weaken or invalidate the right or title of any other pretender to the said 
Estate as heir at Law to the said George Ketchmaid for we could onely 
Release or convey what right was in us And not what was anothers. 

And forasmuch as nothing can redonnil more to the Honor of our 
Government then the reputation of speedy and impartiall Administration 
of Justice We desire that you will give us Ace* what you doe in this 
matter That we may upon occasion be able to vindicate ourselves And 
so we rest 

Your very aflFectionate 
friends 

CRAVEN PAL""' 
P. COLLETON 



[B. P. R. O. Virginia B. T. Vol. 53. No. 27.] 

TWO ORDERS OF COUNCIL OF VIRGINIA 1688 & 1691 
AND PROCEEDINGS IN COUNCIL IN 1699 ABOUT 
BOUNDARIES BETWEEN VIRGINIA & 
NORTH CAROLINA WITH A 
COPY OF THE CHAR- 
TER OF CARO- 
LINA. 

[Referr'd to in Col. Nicholson's letter of T' July 1699 
Received 4 Sept. 1699] 

At a Council held at James City Mar T* 1688 



COLONIAL RECORDS. 357 



Present 
His Excellency 

Nath Bacon Esq. Coll" John Page 

Nicli. Spencer Esq Sec"^^ ColP Wm Byrd 

Coll" Wni Cole Coll" John Lear 

Coll" Rich. Lee Coll" X'' Wormeley 

Coll" John Custis Coll" Isaac Allerton. 

Upon y^ consideration of y® complaints of some of the inhabitants of 
Carratuck setting forth that the governm' of North Carolina had dis- 
trained upon part of their household goods under pretence that y" land 
they inhabited was withhiu ye governm' of North Carolina & that 
therefore they ought to pay proportionable for y' discharge of }•" gov- 
ernm' w"" other the inhabitants thereof tho' indeed they were alwaies 
esteemed to be people of the inhabitants of the governm' of Virginia 
and held their lands by patents granted by the Govern'' of Virginia All 
which this Board taking under their serious consideration are of oppinion 
that the whole matter be humbly represented unto his Majesty for his 
royall consideration and that a letter be forthwith writt for his Excel- 
lency's signeing directed to the Gov"" & governm' t)f North Carolina 
signifying that this govei-iun' have humbly presented unto his Maj'^ the 
pretension that that governm' makes unto the lands lying on Carratuck 
& Blackwater and that it is desired that no disturbance or violence be 
oftered to the inhabitants thereof untill his Maj"" shall signifie his pleas- 
ure therein. 

His Majesties Govern'' & Councill of this Colony knowing themselves 
in duty bound faithfully to represent unto his Majesty all occurances of 
moment relating to the same doe therefore humbly beg leave to lay before 
his Majesties royall consideration a matter whereby not only his subjects 
at presents are disturbed and disquieted in their possessions neare adjoyn- 
ing unto y' governm' of North Carolina but also y^ jiublick peace of the 
Country threatened by the violent actings of some officers of that gov- 
ern' under pretence extending the bounds thereof far within the anciently 
reputed and known Southern bounds of this yo'^ Maj**' Colony of Vir- 
ginia for y° Southern bounds of this y'' Maj. Colony of Virginia have all- 
waies been reputed to be extended to the latitude of 36 unto that latitude 
land hath been granted unto adventurers & purchasers for more than 
forty yeares past by former Govern"^' and Councills of this y' Maj. Col- 
ony of Virginia and y'' lands so granted have been by patent from v' 
Maj. Sec"^'* office of this Colony and the inhabitants tliereon seated ha^'e 
been taken to be y' inhabitants of Virginia and accordingly formerly 



358 COLONIAL RECORDS. 



have paid all seott & lott of publick & county dues of this Colony and 
quietly & peaceably enjoyed their land held from this Gover' untill y' 
yeare 1680 that some pretence was made to some small part of land lying 
upon Carratuck & Blackwater upon which pretensions the inhabitants 
thereof applyed themselves unto y' right Hono"^ Thomas Lt>rd Culpeper 
the then Gov'' of Virginia and alsoe the C'ouncill thereof who by letter to 
the Gov' and governm' soe satisfied them in the justness of the claime of 
the bounds of this Country to thirty six that the inhabitants thereof were 
not in the least vexed or disturbed in y' possessions by any pretence of 
V* govern* of North Carolina until this present year 1G8X who now with- 
out makeing any further claime have leveyed upon y' inhabitants of Car- 
ratuck and Blackwater who hold their lands by patent from this y' Maj. 
governm* and for v* said levyes have distrained and forceably carryed 
awav divers goods out of the houses of y' said inhabitants whii'h force 
upon them from y' govern' of Carolina if not timely prevented will prove 
ruinous to y° pore people if not usher in greater mischiefes therefore his 
Maj. Gov' and Councill doe humbly supplicate his Maj. to take under 
his royall consideration the pressui-es those pore inhabitants lie under 
from the pretence that those lands are part of the bounds of North Caro- 
lina and that his Maj*-'' will be pleased not to narrow the bounds of his 
long seated Colony of A'^irginia and his Maj. Govern'' & Council do 
humblv futher begg leave to oifer to his Maj. considei-ation how prejudi- 
ciall it may bee to his Maj. Revenue ariseing upon tobacco if those lands 
now in question should be taken to be under the govern' of Carolina ly- 
ing so neare unto y° opening of Carratuck that small vessells may pass in 
and out undiscovered and cary of what tobacco they find fit without pay- 
ing any dues for y° same for the inhabitants of North Carolina being but 
few in number and far remote from that part of Carratuck cannot make 
discovery of any such cheats if intended which whilst its imder the gov- 
ernm' of Virginia is providetl against by the prudent care of M' Meyn 
his Maj** Surveyor Generall of Virginia by a person an inhabitant of Vir- 
ginia being apointed a Collector to inspect according to law all matters 
of trade in that part and for the qm'eting yo' Maj. subjects in a peaceable 
possession of their lands and stoping the force of distress put upon them 
yo' Ma]'^' Governor and councill doe humbly begg leave to supplicate y' 
Maj'^ that you would be pleased to give direction for the ascertaining of 
the bounds between yo' Maj'^^ Government of Virginia and North Caro- 
lina as in your princely wisedom shall find fitt. 



COLONIAL RECORDS. 359 



1689. 

[B. P. K. O. Colonial Entry Bk. No. 109. p. 217.] 



AT THE COMMITTEE FOR THE PLANTATIONS AT THE 
COUNCIL CHAMBER AT WHITEHALL MON- 
DAY THE IG* MAY 1689. 

Present 
Ld. Privy Seal. E. of" Shrewsbury Ijd. Vi.s. Liimley 

Their Lo^* also enter upon y* consideracon of y' present condicon of 
the Provinces of Maryland Pennsylvania & Carolina &c which having 
been formerl}^ granted to several persons in absolute propriety by which 
title they claim a right of government their LorP' agree to represent to 
his Ma'^ their opinion that the pi-esent circiunstances and relation they 
stind in to the government of England is a matter worthy of the con- 
sideration of the Parliament for the bringing those Proprieties and Do- 
minions under a nearer dependence on the Crown. 



[B. P. R. O. Colonial Entry Book. No. 22. p. 159.] 



LETTER TO GOV. SOTHELL. 

London this 2* Dec"" 1689 
S' 

Wee are divers ways Informed that the people under yo"^ Governm' 
have risen upon yon and we are also told the reasons alleaged by them 
for their so doing is yo" Injustice and oppression of them contrary to 
Law We hope and much Incline to be of opinion their allegations are 
false, but however it be Wee are sure it is always our duty, but more 
then ordinary in these dangerous times to take care of the quiet and 
safety of the provinces under our Goverm' and also that Justice may be 
rendered to yo''self in the manner wee think most agreable to prudence 
Law and Equity and the quelling of all clamours and complaints and 
thereby avoiding of like disturbances for the future Wherefore have 
thought fitt to suspend you from the Governm' untill matters are duely 



360 COLONIAL RECORDS. 



fairly and Impartially inquired into that wee may he ahle to give an ex- 
act ace* thereof to his Majesty and in order thereunto have Jointly Im- 
powered our Trusty and Wellbeloved Collonell Phillipp Ludwell to be 
our Governor with Instructions to Inquire what hath been the true rea- 
sons and motives of these disorders and to give us ace'' thereof to which 
we desire you quietly to suhmitt and also to believe that you shall never 
find but Justice and fairness from us all due care for the preservation of yo" 
person and reputation to which we know nothing more conduceable then 
a fair Inquiry into the truth of all matters by IndifFerent persons with- 
out which be done Wee cannot answer our proceedings to the King Wee 
bid you heartely farewell and rest 

Your very affectionate friends 
To M^ SoTHELL CRAVEN Palatine 

P. COLLETON BATHE 

JOHN ARCHDALE for the LORD CARTERET 

for THO ARCHDALE 
THO: AMY 



[B. P. R. O. Colonial Entry Book. No. 22. p. 157.] 

WILLIAM EARLE OF CRAVEN LORD VISCOUNT CRA- 
VEN BARON OF HAMPSTEAD MARSHALL PALA- 
TINE AND THE REST OF THE TRUE AND 
ABSOLUTE LORDS AND PRO- 
PRIETORS OF THE PRO- 
VINCE OF CAROLINA 

To our Trusty and \\'elll)cloved Colhmell Philipp Ijudwell Governour 

of that part of dur prdviiice of Carolina that lyes ntirth and east of 

Cape feare 

Wee the .said absolute l..orils and Proprietors of the Province afore- 
said reposing speciall Tru.st and Confidence in the courage Loyalty and 
Prudence of you our said GoveriKnu' Do hereby constitute and apoint 
you the said Collonell Philipp Ludwell Dureing our pleasiu-e Governour 
of that part of our Province of Carolina that lyes nortli and ea.st of 
Cape feare and you are to doe and execute all things in due manner that 
belong to your said command or the Trust we have reposed in you ac- 
cording to the severall powers and directions granted and appointed you 



COLONIAL RECORDS. 361 



by the present C-ouiission and onr Instructions luul by such further [)uw- 
ers and Instructions as shall at any time hereafter be granted and ap- 
pointed you under our hands and seales and according to such reasonable 
Lawes and Statutes as already have been ratifved and confirmed by Vs 
or hereafter shall be made and agi'eed vpon by you with the ad- 
vice and consent of the Councill and Assembly or Parliament of that 
part of our Prouince vnder your Goverm' according to the method and 
forme appointed by our former Instructions to our Governour there 
And wee doe hereby appoint and Impower you our said Governour to 
be Comander in Chief of all the forces raised or to be raised within the 
Limits of your Goverm' and over them to appoint Officers and them to 
remove at yo' pleasure and to cause tlie said forces to be exercised in 
armes as often as you shall see fitt And to do all other thing and things 
that to the Office of a Captain Generall or Comander in Cheif doth be- 
long And wee do hereby give and Grant vnto you full power and 
authority by and with tlie advice and consent of any three or more of 
our Deputys to erect and establish such and so many Courts of Judica- 
ture and Publick Justice as yon shall think fitt and necessary for the 
hearing and determining of all causes as well criminall as civill accord- 
ing to Law and Equity And for Awarding execution thereupon and to 
appoint Judges and Magistrates and such other Magistrates as to you 
shall seem meet And wee do hereby also give and gi'ant unto you full 
power and authority by and with the advice and consent of our Depn- 
tyes or the Major part of them vnder your hand and seale to appoint a 
Deputy Governonr with such powers and authoritys as to you shall seem 
meet and that you legally may and always provided the said powers and 
authorities be not more then to yourself are granted by this present 
Comission Given under our hands and seales this iifth day of December 
In the year of our Lord one thousand six hundred and eighty nine 

CRAVEN Palatine 
P COLLETON BATH 

JOHN ARCHDALE for the LORD CARTERETT 

for THO : ARCHDALE 
THO: AMY 



42 



362 COLONIAL RECORDS. 



[B. P. R. O. Colonial Entry Book. No. 22. p. 1.58.] 



INSTRUCTIONS FOR COLLONELL PPIILIPP LUDWELL 

GOVERNOR OF THAT PART OF OUR PROVINCE 

OF CAROLINA THAT LYES NORTH AND 

EAST OF CAPE FEARE 

1 As soon as possible after yo"" arrival you are to cause our Letter to 
M' Seth Sothell our late Governor signifying our suspending liim from 
the Government to be carefully delivered to his own hands and at the 
same time to give Notice to Our Councill there of your being by us ap- 
pointed to be Governor of that part of Carolina that lyes North and 
East of Cape feai'e and to require their meeting of you 

2 When the Councill is met you are to publish yo'' Comission for the 
Government 

3 You are to Informe y^selfe as well as possibly you can of the rea- 
sons of the late disturbances and the Imprisonment of IVP Sothell 

4 If you finde there are any complaints that M' Sothell hath comit- 
ted any acts of Injustice and oppression you are then and with the advice 
and consent of any three or more of our Deputys to comissionate three 
of the honestest and ablest men you cane finde and who have not been 
partys in the late disturbances to be Judges to hear and determine all 
causes both Civill and Criminall according to Law with such powers and 
authorities as .shall be Legall and necessarye thereunto 

5 The said Court or Judges being thus comi.ssionated you are to give 
Notice to all peojile that complain of any Injustice or oppression contrary 
to law comitted by the said Sothell that the s* Court is appointed to hear 
and determine of all such complaints and you are to take all imaginable 
care that Jurys for the triall of all such causes be fairly and Impartially 
returned 

6 In all other matters you are to pursue such Instructions for the Gov- 
erftient as you .shall finde upon the place wherein If you finde anvthing 
deficient or Inconvenient to y" Inhabitants Wee shall vpon yo'' Notice 
thereof to vs take due care therein 

7 You are as soon as possibly you conveniently can to call an Assem- 
bly or Parliament for the making of such Lawes as shall be thought 
requisite for the better goverm' and security of the place, which LaM'es 
by the first opportunity to send to vs to be ratified and confirmed by vs 
and which are to continue in force before such ratifying and confirminge 



COLONIAL RPX'ORDS. 3G3 



vntill we shall .signify our pleasure to the contrary and in the passing of 
such Lawes you are to observe the methods prescribed by our funda- 
mentall Constitutions and Instructions for the goverm' vpon the place 

8 You are diligently to Inquire into the true reasons of the late Dis- 
orders and to give us an Accompt thereof by the first opportunity 

9 If you finde our late Governor hath been guilty of Injustice to^vards 
the people in generall or any pai-ticular men you are to cause him to give 
security that lie shall not depart from that part of Carolina untill he that 
answered to all such complaints as shall be brought against him witliin 
the space of six mouths from the publishing yo' Comission 

lU If the said M' Sothell shall complain of Injustice done him by the 
people you ai'e according to the best of yo'' prudence to cause reparation 
to be made him in sucli manner as shall best sute with the quiet and 
peace of the goverm' there 

1 1 You are to give vs y"' opinion what is necessary to be done by vs 
for the better prevention of the like disturliances for the future 

You are to Inform yo''self if King \Villiam and Queen Mary have 
been proclaimed in Carolina and if they have not by reason of the Dis- 
turbances you are to cause them forthwith to be proclaimed with as much 
Decency as possible. Given vnder our hands this 5"" day of December 

1689 

CRAUEN Palatine 
JOHN ARCHDALE ASHLEY 

BATHE 
for THO. ARCHDALE for the LORD CARTERET 

P. COLLETON 
THO AMY 



1690. 

[B. P. R. O. America and VV. Ind: No. 636.] 



CAP GIBE'S HIS DECLARAcON. 

Albemarle — June y" 2^ 1690. 
Coll : John Gibbs doth Publish & declare, That Phillip Ludwel is a 
Rascal, impo.ster, & Usurp"^ all which shall be justified in England and 
if any of the boldest Heroe living in this or the next County will under- 



364 COLONIAL RECORDS. 



take to Justilic the .^tiid Ludwel'h; illegal Irregular proeeeding, let him 
call upon me w* his sword, and I will single out & goe with him into 
any part of the King's Dominions, & there fight him in this Cause, as 
long as my Eyelidds shall wagg. — 

These are therefore to warn, charge and command all Persons to keep 
the Kings peace, to consult y° tfundamentals, and to render me due obe- 
dience, & not presume to act or do by Virtue of any Comission or Power 
whatsoever derived from y' above s* Ludwell, as they will answer it, att 
their utmost perill. I am willing to pass by all hitherto, if y° new 
Deputyes will consult with me to prevent evil consequences, I am will- 
ing to receive them or a Messeng'' with respect at my house at Paspotank 
or Corotuck, not that I carry any but defensive Amies in Vindication of 
my Oath & Right, w* God willing I will maintain to death. 

Further I proclaime him that is a Tatler against y" truth of this mat- 
ter to be a Villaine, & a Coward, that will not give me a meeting singler 
to dispute it with sword in hand. As God is my Judge I hate a base ad- 
vantage, & never design against any mans life Cowardly : soe as I never 
did nor will wrong y^ Lords Proprietors, or Country, they shall not me if 
possible. 

JOHN GIBBS. 



[B. P. R. O. America & W. Ind: No. 636.] 



COLL: LUDW ELL'S L- TO THE L' GOV AB' NORTH 
CAROLINA. JULY 19'" 1690. 

S' 

Haveing lately reed a Letf from y' Deputy Gov'' Couucill of y" 
Province of North Carolina, dated y" 13"" of this in" w"*" informes me 
y* M'' John Gibbs did on y^ 6"' in" come in Albemarle County in y" 
Province afores** w"' armed men, att y* time when one of their Precinct 
Courts were sitting, & forbadd y® s^ Courts to sitt or act by any Com- 
mission but his & seized two of the Magistrates, (y" secretary being one) 
& by force carried them away prison'", tfc doth still so detain them att liis 
lu)use att Caraituck within y" bounds of Virg'' to y'' great disturbance of 
y" Inhabitants of y*' s'^ CVtunty, who immediately putt themselves in 
Armes to secure y° Country from farther outrages, & recover y° prison" 
again, if they could. But M"" Gibbs haveing conveyed them out of y' into 
yo"' Hon""" Goverm' they durst not pursue him out of their Bounds, with- 
out yo'' Hon"'* Iea\'e, w"^ makes the Condition of y' poor Country very 



COLONIAL RECORDS. 365 



deplomble, being obliged to continue in Arnies to defend themselves f'roin 
farther Injuries, & consequentl}' loose their Cropj)s, or runn y' hazard of 
being ruined, if they stand still M' Gibbs haveing as they are informed 
near eighty men in amies att his house in Curratuck, y** consequences 
whereof may be very dango'ous, besides y^ thing ittself very unwarrant- 
able and wlicrcas M' ( Jibbs p^tends his arms are only denfensive, y* juust 
appear frivilous when no force has ever appeared ag*' him, or any vio- 
lence oifer'd him by any person, & as he p'tends itt is only in vindica- 
tion of his right to y" Goverm' whatever his right is, certainly he ought 
to assert itt in another manner, by applying himself to y" L'^* Proprief" 
who without doubt are y^ fittest Judges in that case, & would do him, 
what right he deserves I doe therefore most humbly pray yo'' Hon'' to 
take what I here present you into yo"" serious Consideration & give us 
such relief therein as to yo'' Hon"" shall seem most meet & convenient, 
for a speedy establishing a firm Peace amongst all their Maj"*' subjects, 
w"*" will be a very gratefull Office to y^ s* Propriet" & a very great & 
reasonable favour to all y'^ Inhabitants of y' Country, & a p^'ticular ob- 
ligation on 

Most Hon^'^ S^ : 
Yo'' Hon"' most Humble & obedient Serv' 

PHILL: LUDWELL. 

To y' Hon"" Francis Nicholson Esq' their Maj"''' Lieut. Govern'^ of 
Virginia. 



[B. P. R. O. America and W. Ind. No. 636— Extract.] 

WM. COLE, SEC'y OF VIRGINIA TO SEC^ OF STATE 
P' AUGUST 1690. 

May it please yo'' Lord"" 

I am also ordered to represent to yo'' Loi'd^ that it is feared that the 
Pro])riet''* of the Southern Grant will endeavour either to procure a new 
Pattent or an Order from his Ma'^ to lay out the Bounds betweene this 
their Ma'"' Country and North Carolina by other lines and bounds than 
their first Pattent extended which was to the Latitude of thirty six de- 
grees All the land within that I^atitude having been alwaies held and 
enjoyed as Ijelongiug this Goveriunent and many Pattents & Settlements 
made for many vears to the utmost extent thereof bv the inhabitants of 



366 COLONIAL RECORDS. 



this their Ma'^' Dominion and it is humbly desired by their Ma**^ Coun- 
cil! here that before any directions or orders pass to runn any -other 
bounds that notice may be given to this Government that they may hum- 
bly oifer their reasons against it for the altering those bounds will very 
much disturb their Maj" subjects here by takeing away many plantations 

and will very much lessen their Ma''^ Quit Rents. 

* * * * 

Right Hono'''* 

Yo" Lord^^ most humble 
Virginia and obedient Servant 

Aug' V 1690. WILLIAM COLE. 



[B. P. R. O. America & W : Ind: No. 636— Extract.] 



COL. NICHOLSON TO THE LORDS OF THE COmlTTEE 
20 AUGUST 1690. 

Virginia 20"- Aug' 1690. 
May it please your Lord^^ 



I send yo'' Lord""' y* Coppy of a Letf from y' s** I^udwell concerning 
North Carolina of w"'' place he owns himself Gov'' for y' Lords Proprie- 
tors. These stirrs I have quietted for y" present butt how long they 
may continue soe is uncertain being as I am inform'd a very mutinous 
people, the country never yet well settled ct y' Bounds betwixt us & 
them very often in dispute. Coll. Ludwell and Capt. Gibbs (whom he com- 
plains of) are both goeing for England soe I hope y' little Province will be 
settled too for about itt M'' Sec""^ sends yo"" Lord"' y* request of their Maj"^' 
Councill here. Att present both to y* Southward & Northward of us 
are in disorder & I fear here is in this Country a great many idle & 
poor people y' would be ready to follow their neighbours if they be 
suffer'd to continue in theire loose way. ****** 

Yo'' Lord''" obliged & most obedient humble Servant 

FR: NICHOLSON. 



COLONIAL RECORDS. 367 



[B. P. R. 0. America and \V. Ind. No. 636— Extract.] 



GOV NICHOLSON TO THE LDS COMMITTEE 4 NOVEM- 

^ BER 1690. 

Virginia James Citty Nov' 4"" 1690 
May it please y" Lord''* 

* * ^ Hi: 

I was att our Southern Bounds and if y° Lords Propriet" gett a grant 
for North Carolina to begin att y'' Lattitude of 36 & a half, suppose 
they will take from this their Ma""' Province a great many Plantacous 
to the lessening of their Maj'"'^' Quitt rents & great dissatisfaction of y° 
planters for those I spoke w"" in North Carolina, desired to be immedi- 
ately under their Maj""' Govern' of Virginia itt lying soe convenient for 
them therefore hope wee shall keep them quiet. 

* * * * 

Yo'' Lordf' most obliged 

& obedient servant 

FR. NICHOLSON 



1691. 

[B. p. R O. Colonial P:ntry Book. No. 22. p. 177.] 

LORDS PROPRIETORS TO GOV. SOTHEL. 

London May yM2'M691 

S' 

Your Letters directed to each of vs and all of y* same tenour of the 
21 of Oct'""' Wee have rec** and are well pleas'* to fiiide you write that you 
will submitt to our Instructions for the goverm' and that j^ou never de- 
nyed so to doe 

Wee hope you are to knowing and to wise a man to claime any power 
In Carolina but by virtue of them for no prop*"' single by virtue of our 
patents hath any right to the Goverm' or to exercise any Jurisdiction 
there vnless Impowered by the rest nor hath any seaven of y' Prop'"" 
power to bind any one in his priviledge or property vnless by agreem' 
among ourselves w"*" agreem' is contained in Our fundamental] Con- 



368 COLONIAL RECORDS. 



.stitiitioii.s beariug date the 12"' of Jamuiry 1681 tliu.-ie being the 
ouely constitutions agreed or signed to by all the eight proprie- 
tors and If any proprietor shall come into Carolina and take upon 
him governi' grant comissions and traine and exercise men any 
otherwise then pursuant to the rules and Instructions for Goverm' 
apointed by the rest of }'* proprietors it is by the Laws of England high 
treason as wee are well Informed and If any Governor of Carolina shall 
without Consent of Our Deputys Impowered by vs or rules from vs take 
vpon hira to Impower Judges and other Magistrates It is a very high 
misdemeanour in the ^son granting and also in the p'^son who accepts 
and executes such Office and all any such Officer shall doe is voyd erro- 
neous and at his perill and any man In Carolina that shall take vpon 
him to act as Deputy that is not tluely Impowered by vs or by rules from 
us is answerable for all he shall doe by vertue of any such pretended 
power of Deputy We are Informed that M"" Joseph Blake haveing a 
deputation vnder y* hand and seale of Mr. Archdale you have notwith- 
standing putt him out from being Deputy and put in M"" Berrisford in 
his roome of yo'' owne choice and that Mr. Berrisford acts as Deputy 
Wee hope this Liformation is not true for we can never aprove yo' so 
doeing and shall be obliged to vindicate our owne rights therein for w'ee 
will never alh.iw that any Governo"" vpon any p''tence whatsoever shall 
turne out a Deputy that is so apointed to lue vnder hand and seale of 
any Prop'*" that tending toMurds a rel)elliou to y" crowne arbitrary power 
in himself and the outeiug (if the rest oi' tlic Proj)""'^ of their rights 

Wee knowe not what to say to y" protestation of our Deputys vntill 
wee are truly Informed of y* matter of fact, they sayeing you positively 
refused to governe by our Instnictioiis or rules of Goverment and you 
affirm the contrary for If y(ju did rei'use to governe by our Instructions 
wee think they did like wise and honest men to act with vou and wee 
have a very good Character of the honesty prudence and truth of sev- 
erall of them, but we shall suspend our judgem' of that matter untill 
yo'' arrivall in England and that wee have proof of the allegations on 
both sides We do not aprove of any reflections upon you for Actions 
in Albemarle and shall be very ready to shew our resentm' thereof as 
soon as you have clear** yo'self from the misdemeanors and opressions 
layd to yo'' charge by the Inhabitants of that County w"'' misdemeanors 
are viz' 

1 That you seiz* upon two persons that came into Albemarle from 
Barbadoes pretending they were Pyratts although they produced cockets 
and clearm" of their goods from the Governo''* of Barbadoes and Ber- 
mudas 



COT.ONIAT. RECORDS. 369 



2 That }'ou kept these p'^sons in hard (hirance without bringing or 
pretending to bring them to tryall In w"^ hard durance Richard Hum- 
phrey one of them dyed of grief and ill vsage. 

3 That the s"* Richard Humphreys made a Will liefore his death and 
left one Thomas Pollock his Executor whom you would never admit to 
prove the s'^ Will, though often required by the s* Pollock to permit him 
to prove it before you nor woidd not so much as suflFer the Court to at- 
test that y" said Pollock had otfred the Will to prove but took all y° 
goods into y"" owne hands and converted them to y"" owne vse 

4 That the s"* Pollock haveing sett vp his name to come for Englaud 
to complaine of y"" Injustice you Imprisoned him without shewing any 
I'eason or permitting him to see a copy of his mittimus 

5 That you have for bribes withdrawne accusations that were for 
felony and treason 

6 That you did unlawfully Imprison one Rob' Cannon 

7 That you did arbitrarily and vnlawfully detaine from John Stewart 
one negro and seven pewter dishes 

8 That you did Imprison George Durant upon p'tence of his haveing 
said some reflecting words of yo^self and did compell him to give yon a 
bond for a snme of money while he was in durance and did afterwards 
on p""tence of y' bond seize upon all the estate of the said George Durant 
without any process or collor of law and converted the same to yo' 
owne vse. 

9 That yon did vnjustly take from one -Tohn Tomlin his plantation. 

10 That you did vnlawfully detaiue the Cattle of George Mathews 
and refused to deliver them although there was an oi'der of court for it 

11 That yon took the plantation of John Harris vpon p''tenceof a sale 
of the same to yon by the said Harris although you knew the s"* Harris 
was vnder age 

12 That you vnlawfully seizd vpon y" estate of one Mowberry 

13 That you did by y"^ power as Governo" and proprietor seize upon 
several! mens estates without process of law and did severall other vnjust 
and arbitrary actions for w""" misdemeanors^and other opressions, the In- 
habitants of Albemarle Imprisoned you with intent to send yon prisoner 
to England and there to accuse you but you Intreated them not to send 
you to England but that you would submitt all to be determined by the 
next Generall Assembly who accordingly gave Judgement ag' you In all 
the forementioned particulars and compelled you to adjure the Country 
for 12 months and the Goverm' for ever wdiich proceeding of yo''self and 
the people is in our opinion prejudicial to the prerogative of the Crown 

43 



170 COLONIAL RECORDS. 



and the hoiio"^ ami dignity of vs the pro])**""' Wherefore a.-!^ in (hitv bonnd 
and for our owne vindication Wee are resolved to have this matter thor- 
oughly inquired into that wee may take such course for the p^'venting 
such disorders for the future as shall apeare most fitting for the asserting 
of their Ma'*'" prerogative, the peace of the province the just libertys of 
v' people and vindication of ourselves But are vnwilling to proceed therein 
untill we have first spoken with you Wherefore desire and require that 
you come speedily for England that wee may have a fidl and clear In- 
formation of all matters and bee thereby Inabled to know how to pro- 
ceed and If you shall refuse or delay to come Wee cannot avoid thinking 
you guilty of all the misdemeanors layd to yo' charge and shall be con- 
strained for our own vindications and to shew our abhorrence of the In- 
justice and opression practiced by any of our number to lay the whole 
matter before the King and pray his mandamus for yo" apearauce here to 
answere what shall be objected ag' you w"^ we hope you will not compell 
vs to wee being vnwilling to make you a publick shame or to bring you 
vnder a prosecution wee ourselves cannot stoji when once begun. 

Our Deputys had orders from vs not to call any Parliam' in Carolina 
without directions from us vnless some very extraordinary occasion should 
require it Wherefore wee cannot blame them for following our In- 
structions nor can wee aprove of yo'' Incourageing the people to petition 
for a parliament or calling one because thoy did petitiim, tumultuous pe- 
titions Ijeing prohibited by Act of Parliara' here with a severe penalty 
upon such as shall break that law and we know not how farr such ill 
example In Carolina may Influence his Maj""' subjects In his other 
American plantations, but since you write that the Inhabitants have 
Intentions to depute 2 persons for our better Information of all matters 
wee have directed our Deputys to'consent to the calling of a Parlia* for 
that purpose, for any Parlam' called by you with consent of such dep- 
utys as are not duely Impoweved by vs wee cannot allow to be a Par- 
Ham' nor can wee tell how to justify our own consenting to any acts made 
by such Assembly. 

Wee here Inclosed send you copie of some Articles vnder the hands 
and scales of the prop*"" in 1872 to w"^ ray Lord Clarondon sett his 
hand and seale-and to which any that claime vnder him are bound Wee 
have no thought nor Intentions to doe you wrong or Injury, but on the 
other side wee shall not permitt ourselves to l)e Imposed on nor his 
Maj''" Subjects that live under our Governm' to be opress* or unjustly 
dealt with by any p'^sons whatsoever and shall much rather surrender our 
Governm' to the King than suffer it If it bee not to be remedyed other 



COLONIAL RECORDS. 371 



ways for wee liave no other Interest to keep the Govern* in our owne 
hands, but that \\ ee may be able to assure the people they shall not be oprest 
by y* Govern* and thereby Ineourage them to goe to Carolina to take 
our Land and pay vs the rent, for it is not our Intentions to make profit 
by the Govern* ourselves or to suffer any Officers vnder vs to opress y° 
people by extragant fees and grow rich by the rune of y* people Wee 
rest yo"" affectionate friends 
To Seth Sothell Escf' 

P COLLETON CRAVEN Palatine 

JOHN ARCHDALE for ASHLEY 

THO: ARCHDALE CARTERET 

THO: AMY 



[B. P. R. O. America and W. Ind : No. 637— Extract.] 



COLL. NICHOLSON TO LDS OF THE COmlTTEE 10 JUNE 

1691. 

James Citty in Virginia June y' 10*'' 1691. 

May itt please y"" Lord""' 

* * * 

If y' Petitions of y" Councill & Burgesses & of y" Burgesses alone 
(w"'' I transmitt to yo'' LordP') \v\\\ not be granted I most humbly offer 
y* they may be kept in hopes & have noe absolute deniall, soe long as 
New England, Pensylvania, Maryland & y" two C-arolinas are unsettled 
(w'"' I suppose will ever bee till their Ma*^' shall be graciously pleased to 
send Gov''" into those Colonies) for they may be fatall examples by en- 
courageing y" Mob & now they harbour our Serv*^ Debtors & Slaves. I 
hear y' at South Carolina one M"" Southwell who was banished about 
eighteen months agoe by y" Mob out of North C-arolina now heads them 
there, soe y* they are in great dis<n-der Pennsylvania being in y" hands of 
y** Quakers & few or noe Militia to defend that Country if attacqued l)y 
an Enemy, itt may bee a retreating place for them & if they bee of Wil- 
liam Penn's pernicious principles they may hold Correspondence with y* 
French and Indians by land & w"' the first at sea For in all these parts 
thev correspond very much one w"* another but I have putt out a Pro- 
clamacon about them & all y° loose Governm" too. 

Yo"" liord'" most obedient huml>le Sei'vant 

FR. NICHOLSON. 



372 COLONIAL RECORDS. 



[B. P. R. O. Virginia. B. T. Vol. 5 B. A. p. 2.] 

ATT A COUNCILL HELD AT JAMES CITTY 8^" 20*'^ 1691 

\ Present 

The Rt. Hon"^ Fnmei.s Nicholson Esq" Their Maj^ Lieut. Gov"" & the 
Hon"" Councill 

This Board takeiug into their consideration that the line between this 
their Maj" Governm' & the Proprietary Governm* of North Carolina not 
being setled occasions great dissatisfaction to the inhabitants adjacent thereto 
and f )r that this Gov* hatli ahvays granted lands to the lattitude of 36 
antl never any Grant or Comand hath forbidden the same nor claime 
made on this side that latitude till of late some of the Officers of the 
government of North Carolina have disturbed the inhabitants demand- 
ing levies and Quit rents from them pretending the Propriet" 
Grant is to the latitude of 36J And to the end it may be knowne to 
what latitude the Propriet" Grant is M' Sec"^ Cole is ord^ to wi'ite to M" 
John Porey & desire him to search and finde out whether their Grant be 
confirmed to the latitude of 36i under the Great scale of England And 
if it be that then he obtaiue their most Gracious Ma**' Order that the 
Propriet" at such time as this Govern' shall appoint cause the same to be 
laid out but if a Grant be not confirmed to them under the Great Scale 
to the aforesaid latitude he endeavour to hinder the same by setting forth 
to their Maj^ that it will be a great lessuing to their Maj' quit rents of 
this Colony and to the great dissatisfaction & discouragem' of these in- 
habitants who have many yeares since obtained the grants of those lands 
and lived and inhabited thereon as alsoe will cause great alteration in the 
long and well formed settlem' of that part of this Govern' by taking 
away a great part of several Counties and leaving such a small slip of 
land in this Govern' on the South side of James River as will be diffi- 
cult to frame in a good Method And the laud soe taken away not con- 
venient for the Governm' of North Carolina lyeing far from any con- 
veuiency of goeiug to it by water except they come into this Govern' 



COLONIAL RECORDS. 373 



[B. P. R. (). Colonial Entry Book. No. 22. p. 199.] 



William Earle of CnivcMi Lord Viscount Craven Baron of Hanipstead 
Marshall Palatine 

To Collonell Philipp Ludwell Governor of Carolina 

Whereas It is agreed by the Lords Prop'"''' of the s* province that the 
Palatine should name the Governor I out of the trust and confidence I 
have of the wisdome prudence Integrity and loyalty of you Coll : Philipp 
I^udwell doe hereby nominate constitute and apoint you the said CV)11. 
Philipp Ludwell to be Governor and Comander in Cheif of Carolina 
with full power and authority to doe act and execute all such Jurisdic- 
tions and powers as by vertue of the rules of Goverm' and Instructions 
given by myself and the re.st of the Lords prop'"''' of the s** province a Gov- 
ernor is to doe and exercise and you are to follow such Instructions as 
are herewith given you or that you shall hereafter from time to time re- 
ceive from myself and the rest of the Lords Prop*"'' of the s"* province 
and thus to continue dureing my pleasure. Given vnder my hand and 
scale this second day of Nov''^'' 1G91 

CRAVEN Palatine 



[B. P. R. O. Colonial Entry Book. No. 22. p. 187.] 



INSTRUCTIONS FOR COLL. PHILIP LUDWELL GOV- 
ERNOR OF CAROLINA 

[8 November 1691.] 

1. Wee the Lords Proprietoi's have agreed that the eldest of the Lords 
|>,.^ptors j^j-^^i ^]-|jj^ ^^,jj^ Proprietor the first of March one thousand six 
hundred sixty nine sliall be Palatine. 

2. But after the decease of them he that hath been longest a Prop'"' 
and hath paid the full proportion with the rest for settling the Province 
shall be Palatine but after the year One thou.sand seaven hundred and 
decease of those that were Prop'"' the first of Marcli one thousand six 
hundred and sixty nine the eldest of the then Lords Prop""' and A\'ho 
hath paid as afores*^ shall be always Palatine. 

3. It is also agreed that there shall be seaven other great offices erected 
viz : Admirall Chamberlin, Constable Chief Justice Chancellor High 



374 COLONIAL EECOEDS. 



Steward and Treasurer to be enjoyed by none but the Prop*"" and that 
upon the vacancy of any x»f these offices the eldest of those Prop''"^ tliat 
was Prop*""" the first of March one thousand six hundred sixty nine shall 
have his choice and after the decease of those he that hath been longest 
a Prop'"" and hath p"^ his full proportion of money that hath been ex- 
pended in the settlera' of the Province but after the year one thousand 
seaven hundred the eldest man of the then Lords Prop*""' and that hath 
payd his money as above shall then have his choice. 

4. The oldest of those Prop'"" that were soe the first of March one thou- 
sand six hundred and sixty nine that shall be in Carolina and hath payd 
his full proportion of the money expended by the Lords Prop*"" shall of 
course be the Palatines Deputy unless the Palatine and three more of 
the Ijords Pro})'""^ shall otherwise direct under their hands and scales. 

5. The Palatine is to name the Governor and the Admirall, the Mar- 
shall of the Admiralty, the Chamberlain, the Register of Births, and 
Marriages, the Constable the Marshall of the Regim*' the Chief Justice 
the Register of Writeings and Contracts, the Higli Steward the Surveyor 
of Land, the C'hancellor, the Serjeant at Amies attending the Chancery 
and upon any man's producing a Comission from any of the Lords 
Prop'"'' under his hand and scale for any Office In tliat Prop*"" disposal 
you are to admitt the person so comissioned to the execution of the sayd 
office. 

6. For as much as it is of great security to the Iniiabitants of Caro- 
lina that no ill or unjust man be in so great a trust in the govern* as a 
Proprietors Deputy any Deputy of a Lord Prop*"' howsoever constitu- 
ted shall cease to be a Deputy when the Palatine and three more of the 
Lords Prop*"" shall under their hands and scales so order and direct. 

7. For as much as it may be very mischievous to the Inhabitants of 
our Province to have any Governor Deputy or any Officer in the choice 
of the respective Prop*""'" not in the power of the Palatine & Prop*"'' to 
be removed when he shall act unjustly or contrary to law and to the 
oppression of the people or contrary to the peace or quiet or security of 
the Settlement any Gov' whether one of the Ijords Prop*"" or other is 
to cease to be Governor when ever the Palatine and three more ol" the 
Prop*"" shall under their hands and scales signity it to be their pleasure 
and so direct or when any six of the Prop*"" or their Guardians if under 
age shall under their hands and scales soe direct, altlwi' the Palatine be 
not one of them. 

8. Upon the death of any of the Lords Prop" you are not to admitt 
anv person t(i any office that was in that Prop'"" dis])oseall who is dead 



COLONIAL RECORDS. 375 



hv vertiip nf a ( oinissi'iu from niiollicr Pi-(ip'"'' until tlir Pulaline and 
three more of the T^/orrls Pro]-)'""' have certified under their hands and seales 
that sneh Prop"" hatli ritjht to and is admitted unto the place of that 
Prop'"'' who is deeeas'^ and had dureino; his life time power of disposeing 
of the sayd place. 

9. Wee have alsoe agreed that each of the Lords Prop'""'" shall nominate 
or apoint a Deputv under his hand and seale to be recorded in the Sec- 
retarv's office in Carolina. 

10. The Lords Prop*"'" Deputys are to be your Council!. 

If it shall happen that any of the Lords Prop"^ Deputys shall by death 
or departure out of Carolina cease to he a Deputy that there may not 
be a failure in the Gover' for want of a due number of Prop""" Deputys 
You our Governor and the rest of our Deputys who are soe by Deputa- 
tion under the hand and seale of the Proprietors are by majority of votes 
given by ballot to choose a person to be a Deputy for that Proprietor 
whose Deputy is dead or departed the Province who shall continue to be 
a Deputy and have the same power as our other Deputy unless in electe- 
ing Deputys untill that Prop""' shall under his hand and seale have 
apointed another Deputy. 

n. You our s"^ Governor are by and with the consent of any thi'ee or 
more of our Deputys testifyed by their signeing the Comission and where 
wee ourselves have not apointed or shall not a])oint a person or persons 
for the s* office to constitute a Chief Judge by the name of a Sheriff with 
four Justices for the tryall of causes in any of tlie Countys that have 
fifty freeholders qualifyed to serve on Juryes w"*" Sheriff and Justices are 
to take an oath if free to swear for the due administration of Justice. 

1 2. Untill any County have a C!ourt erected in it the causes of the 
inhabitants of that County shall be tryed in that County that lyes next 
to them and where a County Court is already appointed and the Inhabi- 
tants of such C'ounty may serve as Jurymen untill a Court be erected in 
the next County where they reside. 

13. All processes and actions to be tryed in the County Courts and 
pleas &c. shall be entred and Records kept of them by the Clearke of 
that County C!ourt where the Action is to be tryed the Clearkes of the 
respective County Courts shall be appointed by the Chief Judge or sheriff 
w"*" Clearkes are to be sworne for the due Execution of his office and give 
security by his owne bond. 

14. You ai-e by and with the consent of our Deputys to apoint a Mar- 
shall to each County who is to execute all Writs and Executions Issuing 
from the s* Court. 



376 COLONIAL EECORDS. 



15. All proee8S Writf^ and Ext'Oiitiun.s Iss^ueing in Actions or Causes 
to be tried before v^'self and our Depiitys shall be served and executed 
by the Provost Marshall. All actions Pleas &c. to be tryed before y'self 
and our Deputys are to be entred by the Secretary by us apointed and 
records thereof kept by him. 

16. Yourself and our Deputys are to hear and determine of Writs of 
Error from the Inferior County Courts and to be the Court of chancery 
untill wee shall otherwise direct. 

17. You and our Deputy are to heare and determine all Causes Crimi- 
nall and Judgem" thereon to give and execution to award according to 
Law and as often as yourself and any three or more of our Deputys 
shall think it fit 

You are also hereby Impowered to grant Comissions to such other 
persons as yo''self or any three or more of our Deputys shall think fit 
to heare and determine all Causes Criminall and Judgem" tliereon to 
give and execution to award according to law. 

18. And if it shall apeare to you that any person found guilty is a 
fit object of mercy you are by & with the consent of any three or more 
of our Deputys to stop exeentidu and rcpreive the said person and then 
you are forthwith to send us a copy of the indictm' and an ace"* of the 
proofs against the said person and the reasons why you think him worthy 
of mercy. 

19. What other Ofticcr you our s'' (iovoriioi- and our Deputys shall 
find necessary for the better administration oC justice and carryeing on 
the goverm' and for w'"" office no person is before comissioncd by us or 
provission made, you are witli consent of our Deputy to grant Comis- 
sions fitr A in our name under the little scale apointed for the use of the 
goverm' in Carolina to be in force untill it shall be otherwise directed by 
the Palatine and three more of the Lords Prop*"" under their hands and 
scales or a Comission by them granted to some other for the s** place un- 
der the great seal of the Province you are to grant no Comission but 
dureing pleasure only. 

20. And whereas power is given unto us the Lords Prop'"'" by vertue 
of our Letters Patents from the Crowne to make ordaine and enact and 
under our scales to publish lawes for the better goverm' of the s* Prov- 
ince by and with the advice and consent and aprobation of the freemen 
of the s**. Province or their delegates or the major part of them and in 
order thereunto to assemble them in such maner and forme as to us the 
Lords Prop'"''" shall seem best you are with the consent of any three or 
more of our Deputyes when ever yon shall thinke there is need of lawes 



COLONIAL RECORDS. 377 



fur llie better anil mure peaceable guverui' of the inhabitants of our 
Pi'ovince in our names to Issue writs to the Sheriifs of the respective 
Countyes to clioose twenty Delegates for the freemen of Carolina, viz 
five for Albemarle County five for Colleton County and five for Berke- 
ley County and five for Craven County to meet and in such place and in 
such time as you and any three or more of our Deputys shall think fit 
to give their advice assent and aprobation to such Lawes as shall be 
thought reasonable to be enacted for the better Goverm' peace and wel- 
fare of the s"* Province always provided that the said laws be not repug- 
nant to the Lawes of England. 

2L And that there may be no dispute about the boiuids of Countys 
Wee have thought fit to apoint that the bounds of Albemarle County be 
from the great river called Albemarle River on Ryanoke River to Vir- 
ginia, that the bounds of Craven County be from Sewee twenty three 
miles to the North East along the sht)rc and from thence thirty five miles 
in a North west line into the land that the tjounds of Berkly C-ounty be 
Sewee in the North East and so along the Sea to Stonoh river to the 
South west and thirty five miles back into the Land from the sea. 

22. And that the bounds of Colleton County be Stonoh river on the 
Northwest and Combehee on the Southwest and thirty five miles into the 
land in a streight line from the Sea and where the rivers nominated for 
the Northeast & Southwest bounds of any County doe not extend full 
thirty five miles from the Sea in a streight line the bounds of the s'* Coun- 
tys are to be streight lines run from the heads of the s** rivers untill it 
meet w"" the Northwest bounds of the s* County w'^'' is to be thirty five 
miles from the sea and no more. 

23. The Countys farther up then thirty five miles from the Sea shall 
have the same rivers for their bounds If they run so farr up but if the 
rivers run not so farr then a line ruueing Northwest shall be extended 
thirty five miles farther into the land then the Northwest bounds of the 
County next the Sea w"*" lines rimeing Northwest shall be the Northeast 
and Southwest bounds of the s'* County 

24. And when any County shall make it appeare that by Grants regis- 
tered in the Registers Office that there is in that County forty freeholders 
you are then to issue Writs to the Sheriff of the s"* County ibr the choos- 
ing of four Delegates to rep^sent in the Assembly the freemen of that 
County and then you are to issue Writs to the forenamed Countys for 
the choice of four Delegates for each County onely. 

25. And as other Countys come to be planted and make it apear there 
is forty free holders in the County you are to issue Writs in such Countys 

44 



378 COLONIAL RECORDS. 



for the elKiice of four Delegates also to re])^seiit them in the generall As- 
sembly of the freemen of the Province and before any County have forty 
free holders so as to have Writs directed to it for the choice of Represent- 
atives for the Connty they reside in they are to give their votes for the 
choice of Delegates in the County next to them that is qualifyed to choose 
Delegates. 

26. At the same time that you issue Writs for the choice of Delegates 
for the County you are to send Writs in our names to each of the Land- 
graves and Cassiques of Carolina to convene and give their advice and 
consent in the passing of such lawes as shall be thought reasonable and 
the Landgraves & Cassiques are to sett together w"" our Deputys. 

27. With the advice and consent of om- Deputys and the Landgraves 
and Cassiques and Delegates of the Freemen thus assembled or the major 
part of them you are to make ordaine and enact such lawes as shall be 
thought necessary for the better Goverm' of our Province but to be rati- 
fyed by y'self and three or more of our Deputys luider their hands and 
scales in presence of tlie Landgraves & Cassiques & Delegates of the 
Countys before such acts be published or allowed to be lawes w"*" lawes 
see past are to continue in force for two years & noe longer unless within 
that time they are ratifyed and confirmed under the hands and scales of 
the Palatine and three or more of the Lords Prop" themselves and by 
their order published in the Generall Assembly. 

28. Any law soe past before it hath been ratifyed under the hands and 
scales of the Palatine himself and three more of the Lords Prop''^ them- 
selves under their hands and scales and by their order published in the 
Generall Assembly of the Landgraves and Cassiques and Delegates for 
the Countys shall cease to be a law whenever the Palatyne and three more 
of the Lords Prop" signify their Dissent to it under their hands and 
seales. 

29. You are constantly to transmitt to us all lawes past as soon as 
possible. 

30. You our Governor are by and with the consent and advice of any 
three or more of our Deputys to adjourne prorogue and dissolve the 
Generall Assembly as often as you shall think it requisit so to doe. 

31. Wee having long since thought fit to take all the Indians reside- 
ing within four hundred miles of Charles towne into our protection as 
Subjects to the Monarchy of England you are not to sutfer any of them 
to be sent away from Carolina. 

32. You our said Governor are to be Comander of all the forces raised 
or to be raised within y^ limits of y^ Goverm* over whom yon are to place 



COLONIAL RECORDS. 379 



officers and them remove at your pleasure and to cause the sayd forces to 
be duely exercised in armes and to doe all other things that to a Com- 
ander in Chief doth* belong. 

33. You our said Governor are to direct the meeting of our Deputys 
as often as you shall think fitt. 

34. If you our a^ Governor should happen to dye or depart the pro- 
vince or any other ways to be out of the Governm* and no person on the 
place Commissioned by the Palatine or us the Lords Prop'*"'^ Our Will 
and pleasure is that the prop''" Deputys who are made so under the hands 
and scales of the Prop'*"'" shall choose one of the L